Blain v. Lindsey
Decision Date | 04 November 2019 |
Docket Number | Case No. 1:19-cv-463 |
Parties | HERBERT MAX BLAIN JR., Petitioner, v. KEVIN LINDSEY, Respondent. |
Court | U.S. District Court — Western District of Michigan |
Honorable Janet T. Neff
This is a habeas corpus action brought by a state prisoner under 28 U.S.C. § 2254. Promptly after the filing of a petition for habeas corpus, the Court must undertake a preliminary review of the petition to determine whether "it plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief in the district court." Rule 4, Rules Governing § 2254 Cases; see 28 U.S.C. § 2243. If so, the petition must be summarily dismissed. Rule 4; see Allen v. Perini, 424 F.2d 134, 141 (6th Cir. 1970) ( ). A dismissal under Rule 4 includes those petitions which raise legally frivolous claims, as well as those containing factual allegations that are palpably incredible or false. Carson v. Burke, 178 F.3d 434, 436-37 (6th Cir. 1999). After undertaking the review required by Rule 4, the Court concludes that the petition must be dismissed because it fails to raise a meritorious federal claim.
Petitioner Herbert Max Blain, Jr. is incarcerated with the Michigan Department of Corrections at the Muskegon Correctional Facility (MCF) in Muskegon, Muskegon County, Michigan. This is the second petition for habeas corpus relief that Petitioner has filed in this Court. Petitioner's first habeas corpus petition was dismissed without prejudice for failure to exhaust state court remedies on April 2, 2018. Blain v. Nagy, No. 1:18-cv-308 (W.D. Mich.). Petitioner seeks to have the file from Case No. 1:18-cv-308 considered by this Court in reviewing Petitioner's instant habeas petition (ECF No. 9). The Court grants his motion.
In the opinion dismissing that action, the Court summarized the facts as follows:
(No. 1:18-cv-308, ECF No. 7, PageID.164-165 (footnotes omitted).)
The Court further noted that in Petitioner's application for leave to appeal in the Michigan Court of Appeals, he raised two claims:
(Id., ECF No. 1-1, PageID.28, 32.) Leave to appeal was denied on January 13, 2016, for lack of merit in the grounds presented. (Id., PageID.80.) The Michigan Court of Appeals denied reconsideration on February 22, 2016. (Id., PageID.81.) On May 25, 2016, Petitioner's application for leave to appeal to the Michigan Supreme Court was held in abeyance pending resolution of two cases, apparently raising the same two grounds. (Id., PageID.82.) On October 31, 2017, following resolution of the two cases, the Michigan Supreme Court denied leave to appeal because it was not persuaded that the questions presented should be reviewed by the court. (Id., PageID.83.) The Michigan Supreme Court denied Petitioner's motion for reconsideration on December 27, 2017. (Id., PageID.84.)
Petitioner filed a motion for relief from judgment in the Barry County Circuit Court on or about January 26, 2018, raising the following five issues:
(Id., ECF No. 1-1, PageID.46, 51, 56, 59, 63.) This motion was denied by the trial court on March 5, 2018, because the grounds raised were without merit and/or procedurally barred. (Id., PageID.77-79.)
Petitioner filed his first application for habeas corpus relief on March 15, 2018, in which he raised the two grounds presented on direct appeal, as well as the five grounds presented in his motion for relief from judgment in the Barry County Circuit Court. (Id. at ECF No. 1.) Therefore, the Court dismissed the petition as "mixed," noting that Petitioner had ample time in which to pursue his state-court remedies and return to this Court without running afoul of the statute of limitations. (Id. at PageID.171.)
Petitioner filed the instant application for habeas corpus relief on June 10, 2019. Under Sixth Circuit precedent, the application is deemed filed when handed to prison authoritiesfor mailing to the federal court. Cook v. Stegall, 295 F.3d 517, 521 (6th Cir. 2002). Petitioner placed his petition in the prison mailing system on June 6, 2019. (Pet., ECF No. 1, PageID.13.)
The petition raises all seven of the grounds raised in his previous habeas corpus petition, as well as the following:
8. THE PROSECUTION FAILED TO FILE WRITTEN NOTICE OF HER INTENT TO SEEK ENHANCEMENT OF [PETITIONER]'S SENTENCE WITHIN 21 DAYS, WHICH IS A VIOLATION OF 769.13. [PETITIONER] MUST BE REMANDED FOR RESENTENCING WITHOUT HABITUAL OFFENDER ENHANCEMENT.
(Pet., ECF No. 1, PageID.6 and 7.) Despite Petitioner's assertion that he raised this claim in the state courts, it is clear from the record that he did not raise it in his motion for relief from judgment to the trial court.
This action is governed by the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. 104-132, 110 Stat. 1214 (AEDPA). The AEDPA "prevents federal habeas 'retrials'" and ensures that state court convictions are given effect to the extent possible under the law. Bell v. Cone, 535 U.S. 685, 693-94 (2002). An application for writ of habeas corpus on behalf of a person who is incarcerated pursuant to a state conviction cannot be granted with respect to any claim that was adjudicated on the merits in state court unless the adjudication: "(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 upon an unreasonable determination of the facts in light of the evidence presented in the state court proceeding." 28 U.S.C. § 2254(d). This standard is "intentionally difficult to meet." Woods v. Donald, 575 U.S. ___, 135 S. Ct. 1372, 1376 (2015) (internal quotation omitted).
The AEDPA limits the source of law to cases decided by the United States Supreme Court. 28 U.S.C. § 2254(d). This Court may consider only the holdings, and not the dicta, of theSupreme Court. Williams v. Taylor, 529 U.S. 362, 412 (2000); Bailey v. Mitchell, 271 F.3d 652, 655 (6th Cir. 2001). In determining whether federal law is clearly established, the Court may not consider the decisions of lower federal courts. Lopez v. Smith, 574 U.S. 1, 4 (2014); Marshall v Rodgers, 569...
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