Hanserd v. Woods

Filing 35

ORDER Denying Petitioner's 32 Rule 60(b) Motion for Relief from Judgment. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MARCUS HANSERD,
Petitioner,

Case No. 16-cv-11099
Hon. Matthew F. Leitman

v.
TONY TRIERWEILER,
Respondent.
__________________________________________________________________/
ORDER DENYING PETITIONER’S RULE 60(b) MOTION
FOR RELIEF FROM JUDGMENT (ECF No. 32)
On March 25, 2016, Petitioner Marcus Hanserd filed a Petition for a Writ of
Habeas Corpus. (See Pet., ECF No. 1.). By an opinion and order dated October 30,
2018, the Court denied the Petition. (See Op. and Order, ECF No. 22.) In that ruling,
the Court failed to discern that Hanserd was raising a claim that his trial counsel was
ineffective for failing to move to exclude a witness’s in-court identification (the “InCourt Identification Ineffective Assistance Claim”).
After the Court denied Hanserd’s habeas petition, Hanserd sought a
Certificate of Appealability from the United States Court of Appeals for the Sixth
Circuit. That court granted a limited certificate of appealability on the In-Court
Identification Ineffective Assistance Claim. (See Sixth Circuit Order, ECF No. 32,
PageID.1262-1266.)

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With Hanserd’s appeal pending in the Sixth Circuit, he returned to this Court,
and on July 1, 2019, he filed a motion for relief from judgment under Rule 60(b) of
the Federal Rules of Civil Procedure. (See Rule60(b) Mot., ECF No. 32.) In that
motion, Hanserd asks this Court to re-open the proceedings here and to grant relief
on his In-Court Identification Ineffective Assistance Claim. (See id.)
By order dated February 25, 2020, the Sixth Circuit ruled that the In-Court
Ineffective Assistance Claim is time-barred. (See Sixth Circuit Order, ECF No. 33.)
That ruling is binding on this Court and precludes this Court from granting Hanserd
relief on his current motion.
Accordingly, the Court DENIES Hanserd’s motion from relief from judgment
(ECF No. 32) in which he seeks relief based upon the In-Court Identification
Ineffective Assistance Claim.
IT IS SO ORDERED.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE

Dated: March 23, 2020

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