Reynolds v. Howard

Filing 12

ORDER Dismissing 1 Petition for Writ of Habeas Corpus Without Prejudice. Signed by District Judge Matthew F. Leitman. (HRya)

Case 2:22-cv-10694-MFL-KGA ECF No. 12, PageID.468 Filed 03/11/25 Page 1 of 3

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
KIMBERLY KAYE REYNOLDS,
Petitioner,

Case No. 22-cv-10694
Hon. Matthew F. Leitman

v.
JEREMY HOWARD,
Respondent.
__________________________________________________________________/
ORDER DISMISSING PETITION FOR
WRIT OF HABEAS CORPUS (ECF No. 1) WITHOUT PREJUDICE
Petitioner Kimberly Raye Reynolds is a former state inmate who at all relevant
times was in the custody of the Michigan Department of Corrections. On June 4,
2019,

Reynolds

pleaded

guilty

to

operating

a

motor

vehicle

while

intoxicated/impaired/controlled substance, third offense (“OWI 3rd”), MICH. COMP.
LAWS ' 257.625(6)(d), possession of a controlled substance less than 25 grams,
MICH. COMP. LAWS ' 333.7403(2)(a)(5), and operating with a suspended license,
MICH. COMP. LAWS ' 257.904(1)(b), in the Eaton County Circuit Court. (See ECF
No. 9-2.) The state trial court then sentenced her to 12 months in jail with credit
for 59 days served and with the last 3 months of the sentence suspended to allow for
inpatient treatment. (See ECF No. 9-3.) On July 7, 2020, Reynolds was found guilty
of violating her probation. (See ECF No. 9-5.) Following that probation violation,
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Case 2:22-cv-10694-MFL-KGA ECF No. 12, PageID.469 Filed 03/11/25 Page 2 of 3

the trial court sentenced her, as a fourth habitual offender, MICH. COMP. LAWS '
769.12, to concurrent terms of 5 to 15 years in prison on the OWI 3rd and drug
convictions and 59 days in jail on the suspended license conviction. (See ECF No.
9-6.)
On March 23, 2022, Reynolds filed a pro se petition for a writ of habeas
corpus in this Court seeking relief from her sentences. (See Pet., ECF No. 1.) She
does not challenge her underlying plea or convictions. (See id.)
From publicly available information, the Court discovered that Reynolds was
released from prison on parole on September 19, 2024. See Offender Profile,
https://mdocweb.state.mi.us/OTIS2/otis2profile.aspx?mdocNumber=713248.

She

had not, however, provided the Court with updated contact information as required
by the Court’s Local Rules. See E.D. Mich. Local Rule 11.2. Accordingly, on
February 18, 2025, the Court issued an Order directing Reynolds to provide the
Court with her updated contact information. (See Order, ECF No. 10.) The Court
warned Reynolds that if she did timely respond to the Order or if the Order was
returned as undeliverable, the Court would dismiss her habeas petition without
prejudice. (See id., PageID.466.)
On March 6, 2025, the Court’s Order returned to the Court as undeliverable.
(See ECF No. 11.)

The returned envelope indicated that Reynolds had been

“paroled” or “discharged.” (Id.) Thus, because Reynolds has not complied with the
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Case 2:22-cv-10694-MFL-KGA ECF No. 12, PageID.470 Filed 03/11/25 Page 3 of 3

Court’s Local Rules or the direction of this Court to provide her updated contact
information, and because the Court cannot administer this action without contact
information for Reynolds, the court DISMISSES this action WITHOUT
PREJUDICE.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: March 11, 2025
I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on March 11, 2025, by electronic means and/or ordinary
mail.
s/Holly A. Ryan
Case Manager
[phone]

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