Carswell v. Barrett
Filing
10
OPINION AND ORDER amending caption, dismissing petition for writ of habeas corpus and declining to issue a certifiate of appealability. Signed by District Judge Judith E. Levy. (DPer)
Case 5:18-cv-10236-JEL-RSW ECF No. 10, PageID.704 Filed 03/16/21 Page 1 of 19
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Ocie Lee Carswell,
Petitioner,
v.
Michigan Parole
Board,1
Respondent.
Case No. 5:18-cv-10236
Hon. Judith E. Levy
United States District Judge
Mag. J. R. Steven Whalen
_________________________________/
OPINION AND ORDER AMENDING CAPTION, DISMISSING
THE PETITION FOR WRIT OF HABEAS CORPUS, AND
DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY
Petitioner Ocie Lee Carswell, presently on parole supervision with
the Michigan Parole Board through the Wayne County Probation Office
in Lincoln Park, Michigan,2 filed a pro se petition for writ of habeas
The proper respondent in a habeas case is the state officer having custody of
the petitioner. See Rule 2, Rules Governing Section 2254 Cases. When a petitioner is
not in physical custody, the proper respondent is the “entity or person who exercises
legal control” over the petitioner. Rumsfeld v. Padilla, 542 U.S. 426, 438–39 (2004).
In Michigan, it is the Michigan Parole Board that exercises this control. Belser v.
Michigan Parole Bd., No. 06-10714, 2006 WL 986956, at *1 (E.D. Mich. Apr. 12, 2006).
The case caption will be amended accordingly.
1
The Court obtained Mr. Carswell’s status from the Michigan Department of
Corrections’ Offender Tracking Information System (OTIS). See Ward v.
Wolfenbarger, 323 F. Supp. 2d 818, 821, n. 3 (E.D. Mich. 2004) (the Court is permitted
to take judicial notice of OTIS).
2
Case 5:18-cv-10236-JEL-RSW ECF No. 10, PageID.705 Filed 03/16/21 Page 2 of 19
corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his plea
conviction and sentence for operating while intoxicated, third offense, for
which he received a term of incarceration of six to thirty years as a
habitual fourth offender. Petitioner asserts that his due process and
statutory rights to a speedy sentence were violated, that the sentence was
based on an assumption of guilt regarding untried offenses, and finally,
that the sentence was disproportionate.
Because the Michigan Court of Appeals’ decision denying these
claims was neither contrary to nor an unreasonable application of
Supreme Court precedent, the petition for habeas corpus is denied. The
Court also denies a certificate of appealability as well as leave to proceed
on appeal in forma pauperis.
I. Background
On April 21, 2011, in the Oakland County Circuit Court, Petitioner
pled no contest to operating while intoxicated (OWI), third offense, Mich.
Comp. Laws § 257.625(6)(d); driving while license suspended, second or
subsequent offense, Mich. Comp. Laws § 257.904(1)(c); and possession of
an altered driver’s license, Mich. Comp. Laws § 257.324. At the time of
his conviction, Petitioner’s recommended sentence was 93 days “county
2
Case 5:18-cv-10236-JEL-RSW ECF No. 10, PageID.706 Filed 03/16/21 Page 3 of 19
time . . . in Adult Treatment Court.” (Sent. Tr., 8/27/15, ECF No. 9-10,
PageID.387.) Petitioner’s minimum sentencing range as calculated under
the Michigan Sentencing Guidelines was five to forty-six months. (Id. at
PageID.396.) However, on August 27, 2015, Petitioner was sentenced as
a fourth habitual offender, Mich. Comp. Laws § 769.12, to a term of
incarceration of six years (seventy-two months) to thirty years on the
OWI conviction, and to time served on the other charges. (See id. at
PageID.398-99; Ct. App. Rec., ECF No. 9-11, PageID.486.)
In the interval between his plea conviction and sentencing,
Petitioner fled to Arizona, where he committed additional offenses for
which he was incarcerated for two and half years. (Sent. Tr., 8/27/15, ECF
No. 9-10, PageID.389.) In May 2013, Petitioner wrote to the Oakland
County Circuit Court from Arizona, requesting the trial court proceed
with sentencing but that it impose a sentence which could be served
concurrently with his Arizona prison term. (Ct. App. Rec., ECF No. 9-11,
PageID.459.) The court did not act on Petitioner’s request.
Before Petitioner was finally sentenced in Michigan, he sought to
have his case dismissed or his sentence suspended because of a denial of
speedy sentencing and due process rights. (Mot. Hrg. Tr., 8/12/15,
3
Case 5:18-cv-10236-JEL-RSW ECF No. 10, PageID.707 Filed 03/16/21 Page 4 of 19
PageID.344–46.) The trial court reviewed his claims but denied relief,
finding that Petitioner had suffered no prejudice from the delay. (Id. at
PageID.361–62.) It held the primary reason for the delay was that
Petitioner absconded and committed additional felonies while at large.
(Id. at PageID.365.) On July 11, 2016, in a written opinion, the trial court
denied Petitioner’s motion to vacate his conviction or correct his sentence
based upon his claims of a speedy sentencing rights violation, the
disproportionate sentence, and the court’s reference to his “windfall”
resulting from the dismissal of other charges on speedy trial grounds. (Ct.
App. Rec., ECF No. 9-11, PageID.461–467.)
Petitioner raised the same three issues to the Michigan Court of
Appeals, but that court denied leave to appeal “for lack of merit in the
grounds presented.” People v. Carswell, No. 334114 (Mich. Ct. App. Sept.
13, 2016) (unpublished order); (see Ct. App. Rec., ECF No. 9-11,
PageID.402.) The Michigan Supreme Court also denied leave in a
standard form order. People v. Carswell, 501 Mich. 877 (2017) (Mem.).
Now before the Court is Petitioner’s timely-filed petition for the
writ of habeas corpus. In it, he raised the same three challenges he raised
to the state court of appeals:
4
Case 5:18-cv-10236-JEL-RSW ECF No. 10, PageID.708 Filed 03/16/21 Page 5 of 19
I.
Petitioner’s conviction should be vacated because he was
sentenced in violation of his due process right to a
prompt sentence when the trial court failed to impose
[sentence] for more than two years even though it had
knowledge of his location.
II.
Petitioner is entitled to resentencing [where his
sentence] was based on an assumption of guilt of untried
offenses, and where the government promised not to
appeal, but appealed anyway.
III.
Petitioner is entitled to a sentence that is proportionate
to him as an offender for the offense committed.
II.
Legal Standard
The Antiterrorism and Effective Death Penalty Act of 1996
(“AEDPA”) provides the standard of review for federal habeas cases
brought by state prisoners. The AEDPA provides in relevant part:
An application for a writ of habeas corpus on behalf of a
person in custody pursuant to the judgment of a State court
shall not be granted with respect to any claim that was
adjudicated on the merits in State court proceedings unless
the adjudication of the claim—
(1) resulted in a decision that was contrary to, or involved an
unreasonable application of, clearly established Federal law,
as determined by the Supreme Court of the United States; or
(2) resulted in a decision that was based on an unreasonable
determination of the facts in light of the evidence presented
in the State court proceeding.
28 U.S.C. § 2254(d).
5
Case 5:18-cv-10236-JEL-RSW ECF No. 10, PageID.709 Filed 03/16/21 Page 6 of 19
A state court’s decision is contrary to clearly established law “if it
‘applies a rule that contradicts the governing law set forth in [Supreme
Court cases]’ or if it ‘confronts a set of facts that are materially
indistinguishable from a decision of [the Supreme] Court and
nevertheless arrives at a result different from [that] precedent.’” Mitchell
v. Esparza, 540 U.S. 12, 15–16 (2003) (per curiam) (quoting Williams v.
Taylor, 529 U.S. 362, 405–06 (2000)). “[T]he ‘unreasonable application’
prong of § 2254(d)(1) permits a federal habeas court to ‘grant the writ if
the state court identifies the correct governing legal principle from [the
Supreme] Court but unreasonably applies that principle to the facts of
petitioner’s case.” Wiggins v. Smith, 539 U.S. 510, 520 (2003) (quoting
Williams, 529 U.S. at 413; Bell, 535 U.S. 685, 694 (2002)). In order for a
federal court to find a state court’s application of Supreme Court
precedent unreasonable, the state court’s decision “must have been more
than incorrect or erroneous. The state court’s application must have been
‘objectively unreasonable.’” Wiggins, 539 U.S. at 520–21 (citations
omitted).
The “AEDPA thus imposes a ‘highly deferential standard for
evaluating state-court rulings,’ and ‘demands that state-court decisions
6
Case 5:18-cv-10236-JEL-RSW ECF No. 10, PageID.710 Filed 03/16/21 Page 7 of 19
be given the benefit of the doubt.’” Renico v. Lett, 559 U.S. 766, 773 (2010)
(quoting Lindh v. Murphy, 521 U.S. 320, 333, n. 7 (1997)). A state court’s
determination that a claim lacks merit “precludes federal habeas relief
so long as ‘fairminded jurists could disagree’ on the correctness of the
state court’s decision.” Harrington v. Richter, 586 U.S. 86, 88 (2011)
(citing Yarborough v. Alvarado, 541 U.S. 652, 664 (2004)).
“[D]etermining whether a state court’s decision resulted from an
unreasonable legal or factual conclusion does not require that there be
an opinion from the state court explaining the state court’s reasoning.”
Id. at 98. However, when a state court has explained its reasoning, that
is, “[w]here there has been one reasoned state judgment rejecting a
federal claim,” federal courts should presume that “later unexplained
orders upholding that judgment or rejecting the same claim rest upon the
same ground.” Wilson v. Sellers, 138 S. Ct. 1188, 1194 (2018) (citing Ylst
v. Nunnemaker, 501 U.S. 797, 803 (1991)). Accordingly, when the last
state court to rule provides no basis for its ruling, “the federal court
should ‘look through’ the unexplained decision to the last related statecourt decision that does provide a relevant rationale” and apply Ylst’s
presumption. Id. The “look through” rule applies whether the last
7
Case 5:18-cv-10236-JEL-RSW ECF No. 10, PageID.711 Filed 03/16/21 Page 8 of 19
reasoned state court opinion based its ruling on procedural default, id. at
1194 (citing Ylst, 501 U.S. at 803), or ruled on the merits. Id. at 1195
(citing Premo v. Moore, 562 U.S. 115, 123–133 (2011)) (other citation
omitted).
Finally, a state court’s factual determinations are presumed correct
on federal habeas review. 28 U.S.C. § 2254(e)(1). A habeas petitioner may
rebut this presumption only with clear and convincing evidence. Warren
v. Smith, 161 F.3d 358, 360–61 (6th Cir. 1998). Habeas review is “limited
to the record that was before the state court.” Cullen v. Pinholster, 563
U.S. 170, 181 (2011).
III. Analysis
The Michigan Court of Appeals and the Michigan Supreme Court
denied Petitioner leave to appeal in standard form orders that provided
no explanation for the courts’ decisions. However, both courts affirmed
the trial court’s rulings. Accordingly, this Court will “look through” to the
trial court’s written opinion and statements on the record for its
reasoning and will presume the appellate courts’ decisions “rest upon the
same ground.” Wilson, 138 S. Ct. at 1194.
A. Petitioner’s rights to speedy sentencing and due process
8
Case 5:18-cv-10236-JEL-RSW ECF No. 10, PageID.712 Filed 03/16/21 Page 9 of 19
Petitioner argues first that his speedy sentencing rights were
violated because the trial court failed to sentence him promptly despite
being aware of his location out of state. After Petitioner raised the issue
in the trial court, that court held that Petitioner enjoyed no federal or
Michigan constitutional right to speedy sentencing. (Ct. App. Rec., ECF
No. 9-11, PageID.464.) Further, it observed that Petitioner’s “sentencing
was delayed because he fled the state, committed new crimes, and was
incarcerated in Arizona[,]” and that he experienced no prejudice as a
result of the delay. (Id.)
In Betterman v. Montana, 136 S. Ct. 1609 (2016), the Supreme
Court concluded that a delay between conviction and sentencing does not
implicate the speedy trial guarantee of the Sixth Amendment. Id. at
1612. The Court held “the guarantee protects the accused from arrest or
indictment through trial, but does not apply once a defendant has been
found guilty at trial or has pleaded guilty to criminal charges.” Id. It
reasoned that “the accused is shielded by the presumption of innocence,”
and that protection “loses force upon conviction.” Id. at 1614. The Court
did not address the question of due process, because the petitioner failed
9
Case 5:18-cv-10236-JEL-RSW ECF No. 10, PageID.713 Filed 03/16/21 Page 10 of 19
to raise the issue. Id. at 1612. However, it noted in dicta that defendants
“retain[] an interest” in fundamentally fair sentencing. Id. at 1617.
The Sixth Circuit has analyzed a due process challenge presented
by a delayed sentence after conviction. See United States v. Ballato, 486
F. App’x 573, 576 (6th Cir. 2012) (citing United States v. Lovasco, 431
U.S. 783 (1977)) (reviewing “the reasons for the delay and the prejudiced
suffered . . . as a result of the delay”). However, only Supreme Court
precedents may serve as “clearly established Federal law” for the
purposes of 28 U.S.C. § 2254(d); circuit precedent may not. Parker v.
Matthews, 567 U.S. 37, 48 (2012). And in Betterman, the Supreme Court
expressly declined to reach the question. 136 S. Ct. at 1612.
Accordingly, there is no clearly established Supreme Court
precedent that applies the Sixth Amendment right to a speedy trial to a
delay between conviction and sentencing, nor one that supports finding
a violation of due process under those circumstances. The state courts
were not unreasonable in affirming Petitioner’s conviction and sentence.
Petitioner is not entitled to relief on his claim that his speedy trial or due
process rights were violated by the delay that resulted from his
absconding from Michigan after his conviction.
10
Case 5:18-cv-10236-JEL-RSW ECF No. 10, PageID.714 Filed 03/16/21 Page 11 of 19
B. Sentence based on inaccurate information
Next, Petitioner argues that he was sentenced on inaccurate
information when the sentencing court characterized as a “windfall” the
dismissal of charges against Petitioner in an unrelated case.3 The trial
court stated that Petitioner “gained a – a windfall by fleeing the state by
having the drug charges that were brought by companion people being
dismissed in light of the violation of the speedy trial right, so he’s gained
a huge windfall . . .”). (Sent. Tr., ECF No. 9-10, PageID.397.) Petitioner
also argues that the court presumed his guilt on the dismissed charges.
The trial court denied Petitioner’s motion on these issues, holding
that the sentence was based on accurate information. (Ct. App. Rec., ECF
No. 9-11, PageID.466.) The court also noted that Petitioner’s “flight to
Arizona and committing additional crimes” released the court from any
The dismissed weapons and controlled substance charges were later
reinstated against Petitioner. See People v. Carswell, No. 329476, 2017 WL 104550,
at *1 (Mich. Ct. App. Jan. 10, 2017). Petitioner also argues that the prosecution
“promised” not to appeal the dismissal, Pet., ECF No. 1, PageID.7, but does not
explain how this entitles him to habeas relief. “Issues adverted to in a perfunctory
manner, unaccompanied by some effort at developed argumentation, are deemed
waived. It is not sufficient for a party to mention a possible argument in the most
skeletal way, leaving the court to . . . put flesh on its bones.” United States v. Stewart,
628 F.3d 246, 256 (6th Cir. 2010) (citation omitted).
3
11
Case 5:18-cv-10236-JEL-RSW ECF No. 10, PageID.715 Filed 03/16/21 Page 12 of 19
sentencing agreement and supported its deviation from the sentencing
guidelines. (Id.)
A sentence may violate due process if it is based upon “material
‘misinformation of constitutional magnitude.’” Koras v. Robinson, 123 F.
App’x 207, 213 (6th Cir. 2005) (quoting Roberts v. United States, 445 U.S.
552, 556 (1980)); see also United States v. Tucker, 404 U.S. 443, 447
(1972); Townsend v. Burke, 334 U.S. 736, 741 (1948). To prevail on such
a claim, a petitioner must show (1) that the information before the
sentencing court was materially false, and (2) that the court relied on the
false information in imposing the sentence. Koras, 123 F. App’x at 213
(quoting United States v. Stevens, 851 F.2d 140, 143 (6th Cir. 1988)).
First, the trial court’s “windfall” remark and its purported
presumption of guilt on dismissed charges is not “misinformation of
constitutional magnitude.” Koras, 123 F. App’x at 213. The Sixth
Amendment does not bar courts’ consideration of dismissed conduct when
crafting an appropriate sentence. United States v. Conway, 513 F.3d 640,
645 (6th Cir. 2008).
Further, Petitioner did not demonstrate that the court relied on
those charges. A sentencing court demonstrates actual reliance on
12
Case 5:18-cv-10236-JEL-RSW ECF No. 10, PageID.716 Filed 03/16/21 Page 13 of 19
misinformation when the court gives “explicit attention” to it, “found[s]”
its sentence “at least in part” on it, or gives “specific consideration” to the
information before imposing sentence. Tucker, 404 U.S. at 444, 447. Here,
the court summarized the basis for the sentence imposed as Petitioner’s
“failure to appear for sentencing, his fleeing the state, committing
additional crimes while absconding, [and] drinking and failing to appear
for sentencing . . .” (Sent. Tr., ECF No. 9-10, PageID.398.) The “additional
crimes while absconding” just as likely referred to the Arizona offenses
as the dismissed charges, especially after the court observed Petitioner
“served a significant amount of time in Arizona. Of course, that is because
he committed additional criminal behavior there . . .” (Sent. Tr., ECF No.
9-10, PageID.397.)
Under the “highly deferential” AEDPA standard, Renico, 559 U.S.
at 773, “fairminded jurists could disagree” about whether the trial court
did or did not rely on the dismissed charges, and the Court must defer to
the state courts’ findings. Harrington, 586 U.S. at 88. However, even had
the trial court relied on those charges, the Sixth Amendment did not bar
that consideration. Conway, 513 F.3d at 645. Petitioner is not entitled to
relief on this claim.
13
Case 5:18-cv-10236-JEL-RSW ECF No. 10, PageID.717 Filed 03/16/21 Page 14 of 19
C. Constitutionally disproportionate sentence
Finally, Petitioner argues that his sentence was disproportionate.
The state court disagreed, ruling that his sentence was proportionate
based on his flight from the state after conviction, the additional crimes
he committed, and his “lengthy and serious criminal history.” (Ct. App.
Rec., ECF No. 9-11, PageID.467.)
A sentence with a length within statutory limits is generally not
subject to appellate or habeas review. Doyle v. Scutt, 347 F. Supp. 2d 474,
485 (E.D. Mich. 2004) (citation omitted); Cook v. Stegall, 56 F. Supp.2d
788, 797 (E.D. Mich. 1999). Such a sentence “will not [be] set aside, on
allegations of unfairness or an abuse of discretion . . . unless the sentence
is so disproportionate to the crime as to be completely arbitrary and
shocking.” Doyle, 347 F. Supp. 2d at 485. A habeas petitioner arguing a
sentence is unjustified or disproportionate must “show that the sentence
imposed exceeded the statutory limits or is wholly unauthorized by law.”
Vliet v. Renico, 193 F. Supp. 2d 1010, 1014 (E.D. Mich. 2002) (citing
Haynes, 825 F.2d at 923). This is so because “[a] sentence within the
statutory maximum set by statute generally does not constitute ‘cruel
and unusual punishment.’” United States v. Moore, 643 F.3d 451, 455 (6th
14
Case 5:18-cv-10236-JEL-RSW ECF No. 10, PageID.718 Filed 03/16/21 Page 15 of 19
Cir. 2011) (citing United States v. Layne, 324 F.3d 464, 474 (6th Cir.
2003)). In fact, “federal habeas review of a state court sentence ends once
the court makes a determination that the sentence is within the
limitation set by statute.” Id. (citing Dennis v. Poppel, 222 F.3d 1245,
1258 (10th Cir. 2000); Allen v. Stovall, 156 F. Supp. 2d 791, 795 (E.D.
Mich. 2001)).
Further, the Supreme Court has held that “the Eighth Amendment
does not require strict proportionality between [the] crime and [the]
sentence. Rather, it forbids only extreme sentences that are ‘grossly
disproportionate’ to the crime.” Ewing v. California, 538 U.S. 11, 23
(2003) (quoting Harmelin v. Michigan, 501 U.S. 957, 1001 (1991)
(Kennedy, J., concurring in part and concurring in the judgment)). Courts
reviewing Eighth Amendment proportionality must remain highly
deferential
to
the
legislature
in
determining
the
appropriate
punishments for crimes. United States v. Gatewood, 807 F. App’x 459,
463 (6th Cir. 2020) (citing Harmelin, 501 U.S. at 999 (Kennedy, J.)). “In
implementing this ‘narrow proportionality principle,’ the Sixth Circuit
has recognized that ‘only an extreme disparity between crime and
sentence offends the Eighth Amendment.’” Cowherd v. Million, 260 F.
15
Case 5:18-cv-10236-JEL-RSW ECF No. 10, PageID.719 Filed 03/16/21 Page 16 of 19
App’x 781, 785 (6th Cir. 2008) (quoting United States v. Marks, 209 F.3d
577, 583 (6th Cir. 2000)). Again, if the sentence is within statutory limits,
trial courts have historically been given wide discretion in determining
“the type and extent of punishment for convicted defendants.” Williams
v. New York, 337 U.S. 241, 245 (1949).
Here, Petitioner’s sentence is under the statutory maximum set by
the Michigan statutory sentencing scheme and it is neither arbitrary nor
shocking. Following subsequent conviction of an offense that is otherwise
punishable by a maximum term of five years or more, Michigan’s
sentencing enhancement law authorizes a maximum sentence of life for
repeat offenders who have been convicted of at least three prior felonies.
Mich. Comp. Laws § 769.12. Petitioner had been convicted of nine such
offenses. (See ECF No. 9-10, PageID.395–96.) The trial court warned
Petitioner at his plea hearing of the potential life sentence because the
felony for which he was charged called for a five-year maximum term.
(Plea Hrg. Tr., 4/21/2011, ECF No. 9-3, PageID.283.) Petitioner’s
sentence is less than life, so it is authorized by Michigan law.
Petitioner also contrasts his original sentencing agreement term of
ninety-three days in county jail with the six- to thirty-year sentence he
16
Case 5:18-cv-10236-JEL-RSW ECF No. 10, PageID.720 Filed 03/16/21 Page 17 of 19
finally received. But the state courts were not unreasonable to find the
latter sentence proportionate. Under Michigan law, the trial court was
permitted to consider Petitioner’s post-offense behavior, that is, his
absconding and subsequent crimes. See People v. Steanhouse, 500 Mich.
453, 474 (2017) (citing People v. Milbourn, 435 Mich. 630, 636 (1990))
(“sentences imposed by the trial court [must] be proportionate to the
seriousness of the circumstances surrounding the offense and the
offender.”).
Petitioner’s sentence was within the statutory limits for his offense
and his status as a repeat offender. It was not disproportionate and thus
did not violate the Eighth Amendment’s prohibition on cruel and unusual
punishment. Petitioner is not entitled to habeas relief.
IV. Certificate of appealability and leave to proceed in
forma pauperis on appeal
“[A] prisoner seeking postconviction relief under 28 U.S.C. § 2254
has no automatic right to appeal a district court’s denial or dismissal of
the petition. Instead, [the] petitioner must first seek and obtain a
[certificate of appealability.]” Miller-El v. Cockrell, 537 U.S. 322, 327
(2003). A court may certify the appeal “only if the applicant has made a
substantial showing of the denial of a constitutional right.” 28 U.S.C. §
17
Case 5:18-cv-10236-JEL-RSW ECF No. 10, PageID.721 Filed 03/16/21 Page 18 of 19
2253(c)(2). To receive a certificate of appealability, “a petitioner must
show that reasonable jurists could debate whether (or, for that matter,
agree that) the petition should have been resolved in a different manner
or that the issues presented were adequate to deserve encouragement to
proceed further.” Miller-El, 537 U.S. at 336 (internal quotes and citations
omitted).
Reasonable jurists would not find the Court’s assessment of
Petitioner’s claims to be debatable or wrong, nor do the claims deserve
encouragement to proceed further. The Court therefore declines to issue
a certificate of appealability.
The Court also finds that any appeal from this decision cannot be
taken in good faith and would be frivolous. See 28 U.S.C. § 1915(a)(3);
Coppedge v. United States, 369 U.S. 438, 444–45 (1962). Accordingly, the
Court will deny Petitioner a certificate of appealability and will deny
Petitioner leave to proceed in forma pauperis on appeal.
V. Conclusion
For the reasons set forth above, IT IS ORDERED that the petition
for a writ of habeas corpus and a certificate of appealability are DENIED
and the matter is DISMISSED WITH PREJUDICE.
18
Case 5:18-cv-10236-JEL-RSW ECF No. 10, PageID.722 Filed 03/16/21 Page 19 of 19
IT IS FURTHER ORDERED that Petitioner may not proceed on
appeal in forma pauperis.
IT IS FURTHER ORDERED that the Clerk’s Office is directed to
amend the case caption as reflected above.
IT IS SO ORDERED.
Dated: March 16, 2021
Ann Arbor, Michigan
s/Judith E. Levy
JUDITH E. LEVY
United States District Judge
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 March 16, 2021.
s/William Barkholz
WILLIAM BARKHOLZ
19
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?