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Jones v. MacLaren

United States District Court, Western District of Michigan, Northern Division

March 31, 2015

CURTIS LEWIS JONES, Petitioner,
v.
DUNCAN MACLAREN, Respondent.

OPINION

GORDON J. QUIST UNITED STATES DISTRICT JUDGE

This is a habeas corpus action brought by a state prisoner pursuant to 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) (district court has the duty to “screen out” petitions that lack merit on their face). 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 for lack of jurisdiction.

Factual Allegations

Petitioner Curtis Lewis Jones presently is incarcerated at the Kinross Correctional Facility. In his pro se application for habeas corpus relief, Petitioner is challenging six juvenile adjudications that occurred between November 7, 1983 and January 6, 1988, because they negatively impacted his 2014 parole decision on the grounds that he did not have the benefit of trial counsel and/or he was not notified of his right to appeal and his right to appellate counsel, in violation of his Sixth Amendment rights.

In the following four juvenile cases in the Kent County Probate Court - Juvenile Division (Juvenile Court), Petitioner asserts that he never received the benefit of trial and appellate counsel nor was he notified of his right to appeal:

1. On November 15, 1983, Petitioner pleaded guilty in Juvenile Court to malicious destruction of personal property, Mich. Comp. Laws § 750.377a, and breaking and entering, Mich. Comp. Laws § 750.110. The court ordered that Petitioner be placed as a temporary ward of the Juvenile Court and receive probation.
2. On October 11, 1984, Petitioner pleaded guilty to two counts of larceny, Mich. Comp. Laws § 750.356, and breaking and entering, Mich. Comp. Laws § 750.110. The Juvenile Court ordered that Petitioner be made a temporary ward of the Juvenile Court, be placed in a foster home and Petitioner received probation.
3. On May 6, 1985, Petitioner pleaded guilty to receiving or concealing stolen property, Mich. Comp. Laws § 750.535, and larceny, Mich. Comp. Laws § 750.356. The court ordered Petitioner be placed in foster care and Petitioner received probation.
4. On January 28, 1988, Petitioner pleaded guilty to unlawfully driving away a motor vehicle (UDAA), Mich. Comp. Laws § 750.413, and Placement Failure/Escape, Mich. Comp. Laws § 750.186a(2)(b). The Juvenile Court ordered Petitioner to be admitted to the Maxey Boy’s Training School until his Eighteenth Birthday.

(See Pet., docket #1, Page ID#16.)

In the following two juvenile cases, Petitioner states that he was never informed of his right to appeal nor of his right to appellate counsel:

1. On September 1, 1987, and adjourned to September 11, 1987, Petitioner pleaded guilty in Juvenile Court to two counts of receiving or concealing stolen property, Mich. Comp. Laws § 750.535. The court ordered Petitioner to be a temporary ward to be housed in detention at the Kent County Youth Camp.
2. On December 8, 1987, Petitioner pleaded guilty in Juvenile Court to four counts of UDAA, Mich. Comp. Laws § 750.413, one count of attempted UDAA, Mich. Comp. Laws § 750.413, and one count of receiving and concealing stolen property over $100, Mich. Comp. Laws § 750.535. The court ordered that ...

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