Hall v. Scutt, 101212 FED6, 11-1892

Docket Nº:11-1892
Opinion Judge:PER CURIAM.
Party Name:JACK HALL, Petitioner-Appellant, v. DEBRA SCUTT, Warden, Respondent-Appellee.
Judge Panel:BEFORE: BATCHELDER, Chief Judge; KEITH and MARTIN, Circuit Judges.
Case Date:October 12, 2012
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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JACK HALL, Petitioner-Appellant,

v.

DEBRA SCUTT, Warden, Respondent-Appellee.

No. 11-1892

United States Court of Appeals, Sixth Circuit

October 12, 2012

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

BEFORE: BATCHELDER, Chief Judge; KEITH and MARTIN, Circuit Judges.

PER CURIAM.

Jack Hall, who is represented by counsel, appeals a district court order denying his motion for reissuance of its opinion that had denied his petition for a writ of habeas corpus.

In 2000, Hall was convicted by a jury and sentenced to thirty to fifty years of imprisonment for each of two counts of first-degree criminal sexual conduct, ten to fifteen years of imprisonment for one count of second-degree criminal sexual conduct, two to four years of imprisonment for each of two counts of felonious assault, fifty to seventy-five years of imprisonment for each of two counts of attempted murder, eighteen to thirty-five years of imprisonment for each of two counts of assault with the intent to commit murder, and five to ten years of imprisonment for one count of disarming a police officer. The sentences were ordered to run concurrently with each other, and consecutive to a two-year term for one count of possession of a firearm during the commission of a felony. Hall is also serving a life sentence for kidnapping in an unrelated case. Hall's convictions were affirmed on direct appeal by the Michigan Court of Appeals, People v. Hall, Nos. 228551, 228552, 2003 WL 193517 (Mich. Ct. App. Jan. 28, 2003), and the Michigan Supreme Court denied Hall leave to appeal. People v. Hall, 668 N.W.2d 149 (Mich. 2003).

After unsuccessfully seeking post-conviction relief in the state courts of Michigan, Hall filed a pro se petition for a writ of habeas corpus with the district court pursuant to 28 U.S.C. § 2254. On August 13, 2009, the district court denied Hall's habeas corpus petition. However, the district court granted Hall a certificate of appealability as to one of the claims raised in his habeas corpus petition. On September 27, 2010, more than a year later, Hall filed a notice of appeal. We ordered Hall to show cause why his appeal should not be dismissed for filing a late notice of appeal. In response, Hall asserted that he did not receive notice of the district court's decision denying his habeas corpus petition...

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