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Ryan v. Smith

United States District Court, E.D. Michigan, Southern Division

February 11, 2015

SEAN MICHAEL RYAN, Petitioner,
v.
WILLIAM SMITH, Respondent.

ORDER GRANTING PETITIONER'S (1) MOTION FOR A JUDGMENT OF NO DEFAULT [ECF NO. 37] AND (2) MOTION FOR SUBSTITUTION OF RESPONDENT [ECF NO. 43] BUT DENYING PETITIONER'S OTHER MOTIONS [ECF NOS. 31-34, 36, 38, 40, 41 & 46]

LINDA V. PARKER, District Judge.

Michigan prisoner Sean Michael Ryan ("Petitioner") has filed a pro se habeas corpus petition pursuant to 28 U.S.C. § 2254, challenging his state convictions for seven counts of first-degree criminal sexual conduct in violation of Michigan Compiled Laws Section 750.520b(1)(a) (penetration of a person under thirteen years of age). Currently pending before the Court are the following motions filed by Petitioner:

•Motion for Summary Judgment, filed May 22, 2014 (ECF No. 31);
•Motion for Summary Judgment on Grounds of Intentional Delay in Probable Cause Hearing/Arraignment, filed May 22, 2014 (ECF No. 32);
•Motion for Summary Judgment on Suppression of Exculpatory Evidence, filed May 22, 2014 (ECF No. 33);
•Motion for Summary Judgment on Ineffective Assistance of Counsel, filed May 22, 2014 (ECF No. 34);
•Motion to Hold Hearing on Plaintiff's Two Fourth Amendment Issues, filed June 9, 2014 (ECF No. 36);
•Motion for Judgment of No Default, filed June 9, 2014 (ECF No. 37);
•Motion for Judicial Determination, filed June 9, 2014 (ECF No. 38);
•Motion for Summary Judgment on Due Process and Denial of Fundamental Fairness Grounds, filed July 10, 2014 (ECF No. 40);
•Motion for Expedited Order on Docket Number 30, filed August 8, 2014 (ECF No. 41);
•Motion to Substitute Respondent, filed September 17, 2014 (ECF No. 43); and,
•Renewed Motion for Appointment of Counsel, filed October 23, 2014 (ECF No. 46).

For the reasons set forth below, the Court is granting Petitioner's "Motion for Judgment of No Default" and his motion for substitution of the ...


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