Dorsey v. Gidley

Filing 11

OPINION and ORDER Dismissing Without Prejudice Petitioner's 1 Application for a Writ of Habeas Corpus, Denying a Certificate of Appealability, and Denying Leave to Proceed on Appeal In Forma Pauperis. Signed by District Judge Bernard A. Friedman. (JCur)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOHN K. DORSEY, #426189,
Petitioner,
vs.

Civil Action No. 18-CV-10338
HON. BERNARD A. FRIEDMAN

LORI GIDLEY,
Respondent.
_________________________/
OPINION AND ORDER DISMISSING WITHOUT PREJUDICE PETITIONER’S
APPLICATION FOR A WRIT OF HABEAS CORPUS, DENYING A CERTIFICATE
OF APPEALABILITY, AND DENYING LEAVE TO PROCEED ON APPEAL
IN FORMA PAUPERIS
This is a pro se habeas case brought pursuant to 28 U.S.C. § 2254. Petitioner
was convicted of being a felon in possession of a firearm, carrying a concealed weapon, and
possessing a firearm during the commission of a felony, second offense, following a jury trial
in Wayne County Circuit Court. On October 3, 2014, he was sentenced to five years probation
on the felon in possession and carrying a concealed weapon convictions and to five years
imprisonment on the felony firearm conviction. Petitioner raises claims concerning trial
counsel’s failure to seek suppression of the gun evidence and the trial court’s questioning of
a defense witness.
When petitioner instituted this action in 2018, he was confined at the Central
Michigan Correctional Facility in St. Louis, Michigan. The Court issued a Notice Regarding
Parties’ Responsibility to Notify Court of Address Changes on February 9, 2018. Respondent
filed an answer and the state court record in August 2018. Petitioner did not file a reply. The
Court has since discovered that petitioner was discharged from his sentences on October 2,

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2019, and is no longer in state custody. See Offender Profile, Michigan Department of
Corrections

Offender

Tracking

Information

System

("OTIS"),

http://mdocweb.state.mi.us/otis2profile.aspx?mdocNumber=426189. In the interim, petitioner
has not contacted the Court, and the Court has no known address for him.
This Court’s Local Rule 11.2 states:
Every attorney and every party not represented by an attorney
must include his or her contact information consisting of his or
her address, e-mail address, and telephone number on the first
paper that person files in a case. If there is a change in the contact
information, that person promptly must file and serve a notice
with the new contact information. The failure to file promptly
current contact information may subject that person or party to
appropriate sanctions, which may include dismissal, default
judgment, and costs.
Pro se litigants have the same obligation as an attorney to notify the Court of a change of
address. “[Petitioner] has the duty to inform the court of any address changes, and it is not
incumbent upon this Court or its staff to keep track of Petitioner’s current address.” Thompkins
v. Metrish, No. 2:07-CV-12; 2009 WL 2595604, at *1 n.1 (W.D. Mich. Aug. 20, 2009) (internal
quotation marks and citation omitted). Additionally, the Court may dismiss a case for “failure
of the plaintiff to prosecute or to comply with these rules or any order of the court.” Fed. R.
Civ. P. 41(b).
In the present case, petitioner was discharged from his sentences and released
from state custody in October 2019, but he has not provided the Court with updated contact
information or taken any action to prosecute the matter since filing his petition in January 2018.
His case is therefore subject to dismissal pursuant to E.D. Mich. LR 11.2 and Fed. R. Civ. P.
41(b). Accordingly,

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IT IS ORDERED that petitioner’s application for a writ of habeas corpus is
denied without prejudice.

IT IS FURTHER ORDERED that no certificate of appealability shall issue
because petitioner has not made a substantial showing of the denial of any of his constitutional
rights. Nor may he proceed on appeal in forma pauperis, as no appeal in this matter could be
taken in good faith.

s/Bernard A. Friedman
Bernard A. Friedman
Senior United States District Judge

Dated: July 20, 2020
Detroit, Michigan

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon counsel of record and any
unrepresented parties via the Court's ECF System to their respective email or First Class U.S. mail addresses
disclosed on the Notice of Electronic Filing on July 20, 2020.
John Dorsey, #426189
Central Michigan Correctional Facility
320 N. Hubbard
St. Louis, MI 48880

s/Johnetta M. Curry-Williams
Case Manager

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