United States District Court, E.D. Michigan, Southern Division
OPINION AND ORDER GRANTING
RESPONDENT'S MOTION TO DISMISS (DKT. 6), DISMISSING
PETITION FOR WRIT OF HABEAS CORPUS (DKT. 1), DENYING A
CERTIFICATE OF APPEALABILITY, AND DENYING PERMISSION TO
PROCEED ON APPEAL IN FORMA PAUPERIS
A. GOLDSMITH, United States District
Jonathan Ford filed this pro se petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254 (Dkt. 1),
challenging his Wayne County Circuit Court conviction for
second-degree criminal sexual conduct, Mich. Comp. Laws
§ 750.520c(1)(a). Petitioner was sentenced to 19 to 30
years' imprisonment. The petition raises three claims:
(i) Petitioner should be allowed to withdraw his plea because
he was not advised that he would be subject to life-time
electronic monitoring, (ii) Petitioner should be allowed to
withdraw his plea because he was not advised that his
sentence would exceed the recommended sentencing guideline
range, and (iii) Petitioner is entitled to resentencing
because the sentencing guidelines were improperly scored.
matter is before the Court on Respondent's motion to
dismiss the petition as untimely filed (Dkt. 6). Petitioner
has not responded to the motion. For the reasons provided
below, the Court grants Respondent's motion and dismisses
the petition. The Court also denies Petitioner a certificate
of appealability and permission to proceed on appeal in forma
charges against Petitioner involved an incident where he
abducted an 11-year-old girl who was walking to school.
Petitioner brought the girl into his house and forced her to
engage in sexual intercourse. 6/1/2009 Plea Tr. at 6-9 (Dkt.
7-3). Petitioner was charged with first-degree criminal
sexual conduct, kidnaping, and second-degree criminal sexual
1, 2009, a plea bargain was reached in which Petitioner
pleaded guilty to second-degree criminal sexual conduct, and
the other charges were dismissed. Id. at 3. The
trial court sentenced Petitioner on June 17, 2009, in
accordance with a sentencing agreement to 19 to 30 years in
prison. Id. at 3-4; 6/17/2009 Sentencing Tr. at 6-7
did not file a direct appeal. Rather, on December 27, 2012,
Petitioner filed a motion for relief from judgment in the
trial court (Dkt. 7-5), raising what now form his three
habeas claims. The trial court denied the motion on March 18,
2013. 6/20/2013 Op. & Order, No. 08-008020-01 (Wayne
Cnty. Cir. Ct.) (Dkt. 7-10).
filed a delayed application for leave to appeal in the
Michigan Court of Appeals. On June 3, 2014, the Michigan
Court of Appeals denied Petitioner's application in a
standard order. People v. Ford, No. 319705 (Mich.
Ct. App. June 3, 2014) (Dkt. 7-11). Petitioner then filed an
application for leave to appeal in the Michigan Supreme
Court. On February 4, 2015, the Michigan Supreme Court denied
Petitioner's application. People v. Ford, 858
N.W.2d 464 (Mich. 2015) (table).
signed and dated the present federal habeas petition on
February 2, 2016.
Statute of Limitations
28 U.S.C. § 2254(d), as amended by the Antiterrorism and
Effective Death Penalty Act of 1996 (“AEDPA”),
Pub. L. No. 104-132, 110 Stat. 1214, applies to all habeas
petitions filed after the Act's effective date, April 24,
1996, and imposes a one-year limitations period for habeas
petitions. See 28 U.S.C. § 2244(d)(1).
Petitioner's habeas petition was filed after April 24,
1996, and thus, the provisions of the AEDPA, including the
limitations period for filing a habeas petition, apply.
See Lindh v. Murphy, 521 U.S. 320, 337 (1997). The
one-year limitations period runs from the latest of:
(A) the date on which the judgment became final by the
conclusion of direct review or the expiration of the time for
seeking such review;
(B) the date on which the impediment to filing an application
created by State action in violation of the Constitution or
laws of the United States is removed if the applicant was