Raisbeck v. Stewart

Filing 12

ORDER Denying 11 Motion for Partial Summary Judgment. Signed by District Judge Denise Page Hood. (LSau)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TONYA RAISBECK,
Petitioner,
v.

CASE NO. 2:16-CV-13754
HONORABLE DENISE PAGE HOOD

ANTHONY STEWART,
Respondent.
_______________________________/
ORDER DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT
Michigan parolee Tonya Raisbeck (“Petitioner”) has filed a pro se
petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging
her state court convictions. Respondent has filed an answer to the petition
and Petitioner has recently filed a reply to that answer. The matter is now
before the Court on Petitioner’s motion for partial summary judgment in which
she asserts that Respondent has admitted to certain facts relevant to her
habeas claims such that there is no issue of material fact and the state court’s
denial of relief on her claims is unreasonable.
Federal Rule of Civil Procedure 56(c) provides that summary judgment
is proper:
If the pleadings, depositions, answers to interrogatories and
admissions on file, together with affidavits, if any, show that there

is no genuine issue as to any material fact and that the moving
party is entitled to judgment as a matter of law.
Fed. R. Civ. P. 56(c). Although the parties’ pleadings and the state court
record have been filed in this case, the Court has yet to consider those
materials in detail. Based upon an initial review of the record, however, the
Court cannot conclude that there is no genuine issue of material fact and/or
that Petitioner is entitled to judgment as a matter of law. As such, summary
judgment is inappropriate. Moreover, the Court does not resolve habeas
cases in a piecemeal fashion. The Court will address the merits of the case
in a forthcoming opinion. Accordingly, the Court DENIES Petitioner's motion
for partial summary judgment.
IT IS SO ORDERED.
S/Denise Page Hood
Denise Page Hood
Chief Judge, United States District Court
Dated: March 1, 2017
I hereby certify that a copy of the foregoing document was served upon
counsel of record on March 1, 2017, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
Case Manager

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