Passic v. State, 10789.
| Decision Date | 09 August 1951 |
| Docket Number | No. 10789.,10789. |
| Parties | PASSIC v. STATE. |
| Court | U.S. District Court — Western District of Michigan |
Joseph Bartholomew Passic in pro per.
No appearance for defendant.
Joseph Bartholomew Passic filed his petition for writ of habeas corpus in this court. He is presently confined as a patient in residence at the Ionia State Hospital, Ionia, Michigan.
The petition for issuance of the writ of habeas corpus is in two volumes of approximately one thousand pages each, or a total of approximately two thousand pages.
Petitioner was sentenced in the Recorder's Court of the City of Detroit on embezzlement charges, with a count of larceny by conversion, to a term of from five (5) to ten (10) years, as of November 19, 1943.
From an investigation made by this court, and correspondence exchanged between petitioner and one of the judges of this court and also with the Clerk of this court, it is apparent that until on or about July 1, 1951 this petitioner was an inmate of the State Prison at Jackson, Michigan, where he was serving his sentence, and that sometime during the month of July he became a patient in residence at the Ionia State Hospital.
The Clerk's correspondence records indicate that the two-volume petition was filed on June 24, 1951, while petitioner was confined in the Jackson prison. The Clerk did not file the petition at that time for the reason that it was not accompanied by the filing fee of Five Dollars, nor was there an order requested or signed to proceed in forma pauperis. The filing fee was received by the Clerk subsequently and the petition was marked as filed on August 2d, 1951.
Section 2241(a) of Title 28 U.S.C.A. provides that district courts may grant writs of habeas corpus within their respective jurisdictions. Ionia County, which is the location of the Ionia State Hospital, where petitioner is a patient and resident when the petition was marked as filed in this court by the Clerk, is within the territorial jurisdiction of the District Court for the Western District of Michigan.
In the case of Ex Parte Catanzaro, 3 Cir., 1943, 138 F.2d 100, certiorari denied, 321 U.S. 793, 64 S.Ct. 789, 88 L.Ed. 1083, the court held that a transfer of prisoner's custody from one prison to another, after his application for a writ of habeas corpus, cannot defeat a court's jurisdiction to grant or refuse writ on merits of application.
It would appear, then, that petitioner was within the jurisdiction of this court when he filed his petition, and, although it was not formally filed by the Clerk because it was unaccompanied by the filing fee, this was a mere irregularity which would not defeat this court's jurisdiction, since the application was filed while the prisoner was...
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Ross v. Williams
...of irrational, prolix, and redundant pleadings," to the detriment of judges and petitioners alike. Id. (quoting Passic v. Michigan , 98 F.Supp. 1015, 1016 (E.D. Mich. 1951) ). Further, Ross’s proposed application of Civil Rule 10(c) would be inconsistent with AEDPA. If each attachment to a ......
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Ross v. Williams
...prolix and redundant pleadings." Rule 2, Rules Governing Section 2254 Cases, advisory committee’s notes (quoting Passic v. Michigan , 98 F. Supp. 1015, 1016 (E.D. Mich. 1951) ). Because the majority’s interpretation is inconsistent with the Habeas Rules, AEDPA’s statute of limitations, and ......
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Harper v. Lumpkin
...not require judges to grope through "two thousand pages of irrational, prolix and redundant pleadings") (quoting Passic v. Michigan , 98 F. Supp. 1015, 1016 (E.D. Mich. 1951) ); Adams v. Armontrout , 897 F.2d 332, 333 (8th Cir. 1990) ("[D]espite our firm conviction that the pleading require......
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Taylor v. Holiday Inns Inc.
...matters foreign to the issue involved...to determine the grounds for the petitioner's complaint." Id. (quoting Passic v. Michigan, D.C. Mich.1951, 98 F.Supp. 1015, 1016-1017). While Ms.Taylor's complaint is not the two thousand pages referred in Passic or the three hundred pages and one tho......
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28 U.S.C. § 2254 State Custody; Remedies In Federal Courts
...arranged in no logical order, were submitted to judges who have had to spend hours deciphering them. For example, in Passic v. Michigan, 98 F.Supp. 1015, 1016 (E.D.Mich. 1951), the court dismissed a petition for habeas corpus, describing it as "two thousand pages of irrational, prolix and r......