United States District Court, E.D. Michigan, Southern Division
OPINION AND ORDER ON REMAND DENYING THE PETITION FOR
WRIT OF HABEAS CORPUS AND DECLINING TO ISSUE A CERTIFICATE OF
APPEALABILITY OR LEAVE TO APPEAL IN FORMA PAUPERIS
CORBETT O'MEARA UNITED STATES DISTRICT JUDGE
matter is on remand from the United States Court of Appeals
for the Sixth Circuit. Kenny Allen Meador,
(“petitioner”), incarcerated at the Alger
Correctional Facility in Munising, Michigan, seeks a writ of
habeas corpus pursuant to 28 U.S.C. § 2254. In his
pro se application, petitioner challenges his
convictions for conducting a criminal enterprise, M.C.L.A.
750.159i(1), two counts of first-degree home invasion,
M.C.L.A. 750.110a(2), three counts of receiving and
concealing stolen property with a value of $1, 000 but less
than $20, 000, M.C.L.A. 750.535(3)(a), two counts of
possession of a firearm during the commission of a felony,
M.C.L.A. 750.227b, and being a third habitual offender,
M.C.L.A. 769.11. For the reasons that follow, the petition
for writ of habeas corpus is DENIED.
was convicted following a jury trial in the Saginaw County
Circuit Court. This Court recites verbatim the relevant facts
relied upon by the Michigan Court of Appeals, which are
presumed correct on habeas review pursuant to 28 U.S.C.
§ 2254(e)(1). See Wagner v. Smith, 581 F.3d
410, 413 (6th Cir. 2009):
This case involves the break-ins of three homes in Saginaw
County: (1) the Parker residence on Swan Creek Road on
February 18, 2008; (2) the Kangas residence on Marquette
Street on February 24, 2008; and (3) the Rodriguez residence
on North Clinton Street on March 11, 2008. All three
break-ins occurred during the day. Among the items taken were
five guns, including a .357 caliber revolver and a .40
caliber pistol, and two gold coins from the Parker house, a
digital camera from the Kangas house, and a wedding band set,
a flat screen television, and a gun from the Rodriguez house.
On February 18, 2008, at approximately noon, Cara Mackley, a
resident of Swan Creek Road, drove past the Parker house and
saw a dark-colored Grand Am in the driveway. Also on February
18, Joe Overstreet, owner of the International Coin Exchange,
bought two gold coins from defendant. The two coins had been
taken from the Parker residence.
At night on February 18, 2008, members of the Saginaw Gang
Task Force stopped a vehicle occupied by Peter Escobedo and
Rolando Santoya. Before the vehicle stopped, Santoya tossed a
.357 caliber revolver out the driver's side rear window.
Santoya testified that he got the gun, which had been taken
from the Parker residence, from Joe Gawthrop earlier that
evening in the West Genesee Market parking lot. According to
Santoya, Gawthrop arrived in the parking lot as a passenger
in a dark-colored Grand Am.
In February 2008, a detective with the Saginaw Township
Police Department was investigating a series of home
invasions, for which defendant had become a suspect. The
detective learned that defendant was staying in local motels
with Stephanie Mazur and Eric Torrez, and that on February
25, defendant and Mazur planned to move out of the Super 8
motel. The detective set up surveillance. He saw defendant
walk out of the motel, go to a Grand Am, take an item from
the trunk, and throw the item into a drainage ditch. After
defendant left the area, the detective retrieved the item; it
was the digital camera that had been taken from the Kangas
residence. The detective went inside the motel with the
intent to search defendant's room. He ran into Eric
Torrez, who ran when confronted. While running, Torrez
dropped a .40 caliber pistol. The pistol had been taken from
the Parker residence.
On March 11, 2008, Amanda Nickles, who lived across the
street from 2433 North Clinton Road, was washing dishes when
she saw a dark blue Grand Am pull into the driveway of the
Rodriguez residence. There were four people in the car. A
female, who was driving, stayed in the car, while the other
three, at least two of whom were males, got out of the car.
One went to the back of the house, one went to the front door
and knocked, and the third stayed by the car. The one that
went to the back of the house then opened the front door.
Nickles saw them carry a television and two jewelry boxes out
of the house. Nickles did not call 911, but she wrote down
the license plate number to the Grand Am. When Diana
Rodriguez came home, Nickles told Rodriguez what she had seen
and she then gave the license plate number to the police.
After an officer “played” with the number,
officer learned that the Grand Am was registered to a person
living at 4077 Green Street. The officer went to the address,
where he had contact with a relative of Mazur.
According to Sherry McQuiston, an employee of the Saginaw
Gold and Diamond Center, defendant and Mazur came into the
store to sell jewelry on March 11, 2008. Pursuant to an
earlier request from the Saginaw Township Police Department,
she asked her boss to alert the police of defendant's
presence at the store. McQuiston tried to stall defendant and
Mazur, but the two left the store without selling any
jewelry. However, after defendant and Mazur walked to a
dark-colored Grand Am, the police followed defendant and
Mazur out of the store's parking lot.
A marked patrol vehicle initiated a traffic stop of the Grand
Am. Defendant and Mazur were placed in the back of the patrol
vehicle, while the Grand Am was searched. A pry bar and a set
of gloves were found in the trunk. Defendant and Mazur were
transported to the police station, where each was
interviewed. During her interview, Mazur handed the
interviewing officer the wedding band set that had been taken
from the Rodriguez residence.
Mazur testified that for a time in early 2008 defendant was
her boyfriend and that defendant would sometimes drive her
car, a Grand Am, while she worked during the day. She and
defendant stayed at hotels. Defendant would often have his
friends, including Eric Torrez, Mikey Torrez, and Gawthrop,
stay in other rooms.
According to Mazur, on March 11, 2008, she drove defendant,
Mikey Torrez, and Gawthrop to the Rodriguez residence. She
drove there under Gawthrop's direction. She believed that
Gawthrop's ex-girlfriend lived there, and that Gawthrop
was going to retrieve his possessions. At the house, Mazur
stayed in the car, while the three men got out. Gawthrop
walked to the back of the house, and a few minutes later he
let defendant and Mikey Torrez into the house through the
garage door. The three men exited the house, each carrying
something. Defendant carried two jewelry boxes, Mikey Torrez
carried a flat screen television, and Gawthrop had a gun. It
was then that Mazur realized the three men had burglarized
Mazur dropped Mikey Torrez and Gawthrop off, before she and
defendant went to the Saginaw Gold and Diamond Exchange,
where defendant unsuccessfully tried to sell some jewelry.
After she and defendant left the store, they were pulled
over. They were placed in the back seat of a patrol vehicle.
Defendant had given Mazur a wedding band set taken from the
Rodriguez house. While in the patrol vehicle, defendant first
told Mazur to tell the police that she had gotten the wedding
band set from Gawthrop and then he told her to swallow the
People v. Meador, No. 292776, 2011 WL 165411, at *
1-3 (Mich. Ct. App. Jan. 18, 2011).
conviction was affirmed on appeal. Id., lv. den. 489
Mich. 935, 797 N.W.2d 630 (2011).
2012, petitioner filed a petition for writ of habeas corpus.
Petitioner later moved to hold the petition in abeyance so
that he could return to the state courts to exhaust
additional claims. This Court denied the motion to stay and
hold the petition in abeyance on the ground that petitioner
still had time remaining under the one year limitations
period to file a state post-conviction motion and return to
the federal court. The Court gave petitioner thirty days to
decide whether he wished to proceed only with his exhausted
claims or move for a non-prejudicial dismissal of his
petition. Meador v. Rapelje, No. 5:12-CV-10460, 2012
WL 4341063, at *1 (E.D. Mich. Sept. 21, 2012).
October 17, 2012, petitioner moved to withdraw his petition
without prejudice. On October 24, 2012, this Court summarily
dismissed the petition without prejudice. (5:12-CV-10460,
Dkt. # 10).
filed a post-conviction motion for relief from judgment with
the Saginaw County Circuit Court, which was denied.
People v. Meador, No. 08-030703-FH (Saginaw Cty.
Cir. Ct., Feb. 11, 2013); reconsideration den. No.
08- 030703-FH (Saginaw Cty. Cir. Ct., Mar. 12, 2013). The
Michigan appellate courts denied petitioner leave to appeal.
People v. Meador, No. 316353 (Mich.Ct.App. Dec. 27,
2013); lv. Den. 496 Mich. 859, 847 N.W.2d 631
29, 2014, petitioner filed the current petition for writ of
Court granted respondent's motion to dismiss and
dismissed the petition pursuant to the one year limitations
period found in 28 U.S.C. § 2244 (d)(1). Meador v.
Klee, No. 5:14-12760, 2015 WL 806990 (E.D. Mich. Feb.
Sixth Circuit reversed this Court's opinion and order of
summary dismissal, finding that the instant petition was
timely filed. The Sixth Circuit remanded the matter to this
Court for a decision on the merits. See Meador v.
Klee, No. 15-1329 (6th Cir. Mar. 23, 2016).
5, 2016, this Court reopened the case to the Court's
active docket and ordered respondent to file an answer
addressing the merits of the petition. A supplemental answer
was filed on September ...