Brown v. Jackson

Filing 10

ORDER (1) Directing petitioner to submit a complete memorandum of law in support of his petition for writ of habeas corpus, (2) granting 9 petitioner's Motion for additional Rule 5 materials and (3) granting respondent an extension of time to file a response to the petition with the Rule 5 materials. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
HENRY BROWN,
Petitioner,
Case No. 17-cv-13817
Honorable George Caram Steeh

v.
SHANE JACKSON,
Respondent.
_____________________/

ORDER
(1) DIRECTING PETITIONER TO SUBMIT A
COMPLETE MEMORANDUM OF LAW IN SUPPORT
OF HIS PETITION FOR WRIT OF HABEAS CORPUS,
(2) GRANTING PETITIONER’S MOTION FOR
ADDITIONAL RULE 5 MATERIALS (ECF NO. 9), AND
(3) GRANTING RESPONDENT AN EXTENSION OF TIME TO FILE
A RESPONSE TO THE PETITION WITH THE RULE 5 MATERIALS
Petitioner Henry Brown, a state prisoner at the Carson City
Correctional Facility in Carson City, Michigan, seeks the writ of habeas
corpus pursuant to 28 U.S.C. § 2254. Petitioner was convicted of assault
with intent to commit murder, felon in possession of a firearm, and
possession of a firearm during the commission of a felony. He alleges as
grounds for habeas relief that (1) his sentence is cruel and unusual
punishment, (2) the victim’s out-of-court statements were inadmissible
hearsay, (3) the prosecution’s evidence was insufficient, (4) trial and

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appellate counsel were ineffective, and (5) the prosecutor (a) failed to
correct perjured testimony and (b) suppressed exculpatory impeachment
evidence. Currently before the Court is petitioner’s Motion for Additional
Rule 5 Materials (ECF No. 9). Respondent Shane Jackson has not filed an
answer to Petitioner’s motion or a response to the habeas petition.
As a preliminary matter, the Court notes that the Memorandum of
Law which petitioner attached to his habeas petition is incomplete. It
currently includes a table of contents, an index of authorities, a statement
of the questions presented to the Court, and a one-page statement of facts.
The statement of facts appears to end mid-statement, and there are no
arguments in support of petitioner’s habeas claims. Accordingly, the Court
orders Petitioner to submit an amended Memorandum of Law in Support of
Petition for Writ of Habeas Corpus to the Clerk of this Court within thirty
(30) days of the date of this order. Respondent shall have an additional
forty-five (45) days after petitioner files his amended memorandum to file
his responsive pleading and the Rule 5 materials.
In his pending motion, petitioner seeks to have respondent file certain
transcripts from Wayne County Circuit Court case number 10-009267-01FC. The requested transcripts are for (1) the September 1, 2010
preliminary examination and (2) the November 12, 2018 Wade hearing.

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Rule 5© of the Rules Governing Section 2254 Cases in the United
States District Courts requires the respondent to attach to his or her
answer “parts of the transcript that the respondent considers relevant.” In
addition, “[t]he judge may order that the respondent furnish other parts of
existing transcripts or that parts of untranscribed recordings be transcribed
and furnished.” Id.
Although the transcripts that petitioner seeks were filed in a criminal
case other than the one at issue in his habeas petition, petitioner asserts
that the transcripts are relevant to his fifth habeas claim regarding the
prosecutor’s alleged suppression of evidence and failure to correct perjured
testimony. Furthermore, it does not appear that acquiring the transcripts
will be unduly burdensome for respondent. Accordingly, the Court grants
petitioner’s Motion for Additional Rule 5 Materials (ECF No. 9) and directs
respondent to file the transcripts for the preliminary examination and the
Wade hearing in Wayne County Circuit Court case number 10-009267-01FC. Respondent may file those items with his response to the habeas
petition and the other Rule 5 materials.
ORDER
To summarize, and for the reasons given above, it is ordered that:

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• petitioner shall submit a complete copy of his Memorandum of Law
in Support of the Petition for Writ of Habeas Corpus to the Clerk of this
Court within thirty (30) days of the date of this order; petitioner also shall
mail a copy of the Memorandum of Law to Respondent;
• petitioner’s Motion for Additional Rule 5 Materials (ECF No. 9) is
granted;
• respondent shall file the transcripts for the September 1, 2010
Preliminary Examination and the November 12, 2010 Wade hearing in
Wayne County Circuit Court case number 10-009267-01-FC with his
response to the habeas petition and the other Rule 5 materials;
• respondent shall have forty-five (45) days from the date of
petitioner’s amended memorandum of law to file his response to the
habeas petition and the relevant Rule 5 materials, including the two
transcripts from case number 10-009267-01-FC.
• petitioner shall have forty-five (45) days to file a reply to
respondent’s answer.
Dated: June 14, 2018
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE

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CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
June 14, 2018, by electronic and/or ordinary mail and also on
Henry Brown #281484, Carson City Correctional Facility,
10522 Boyer Road, Carson City, MI 48811.
s/Barbara Radke
Deputy Clerk

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