United States District Court, E.D. Michigan, Southern Division
CHANCHEZ D. STEWART, Petitioner,
DUNCAN MACLAREN, Respondent.
OPINION AND ORDER SUMMARILY DISMISSING THE PETITION
FOR WRIT OF HABEAS CORPUS AND DECLINING TO ISSUE A
CERTIFICATE OF APPEALABILITY OR LEAVE TO APPEAL IN FORMA
CARAM STEEH UNITED STATES DISTRICT JUDGE
D. Stewart, (“Petitioner”), confined at the Alger
Correctional Facility in Munising, Michigan, filed a petition
for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
In his pro se application, petitioner challenges his
convictions for first-degree murder, Mich. Comp. Laws §
750.316(1)(a); and possession of a firearm in the commission
of a felony (felony-firearm), Mich. Comp. Laws §
750.227b. Respondent filed a motion to dismiss the petition,
on the ground that it was not timely filed in accordance with
the statute of limitations contained in 28 U.S.C. § 2244
(d)(1). For the reasons stated below, the petition for a writ
of habeas corpus is summarily dismissed.
was convicted following a jury trial in the Wayne County
Circuit Court. Petitioner's conviction was affirmed on
appeal. People v. Stewart, No. 300476, 2012 WL 75352
(Mich. Ct. App. Jan. 10, 2012). The Michigan Court of Appeals
granted petitioner's motion for reconsideration on
February 28, 2012 and remanded the matter to the trial court
for an evidentiary hearing on several ineffective assistance
of trial counsel claims. After the trial court conducted an
evidentiary hearing and denied petitioner's motion for a
new trial, the Michigan Court of Appeals issued a final order
denying petitioner's appeal on November 20, 2012.
People v. Stewart, No. 300476 (Mich. Ct. App. Nov.
20, 2012). Petitioner's application for leave to appeal
to the Michigan Supreme Court was denied as being untimely
filed on January 28, 2013.
February 18, 2014, petitioner filed a post-conviction motion
for relief from judgment, which was denied. People v.
Stewart, No. 10-003925-01 (Wayne County Circuit Court,
May 28, 2014). The Michigan Court of Appeals denied
petitioner leave to appeal. People v. Stewart, No.
324437 (Mich.Ct.App. February 25, 2015).
filed an application for leave to appeal with the Michigan
Supreme Court. While his application for leave to appeal the
denial of his post-conviction motion was pending before that
court, petitioner filed a petition for writ of habeas corpus
on May 19, 2015, which was held in abeyance pending the
completion of his post-conviction appeal in the Michigan
Supreme Court. Stewart v. Woods, No. 2:15-CV-11919,
2015 WL 4935110 (E.D. Mich. Aug. 18, 2015).
December 22, 2015, the Michigan Supreme Court denied
petitioner leave to appeal the denial of his post-conviction
motion. People v. Stewart, 498 Mich. 948, 872 N.W.2d
February 27, 2016, this Court granted petitioner's motion
to reopen the petition to the Court's active docket and
granted his motion to amend the petition.
filed a motion to dismiss the petition on statute of
limitations grounds on August 9, 2016.
has filed a motion to dismiss the petition for writ of habeas
corpus on the ground that the petition was not filed in
compliance with the statute of limitations. In the statute of
limitations context, “dismissal is appropriate only if
a complaint clearly shows the claim is out of time.”
Harris v. New York, 186 F.3d 243, 250 (2nd
Cir.1999); See also Cooey v. Strickland, 479 F.3d
412, 415-16 (6th Cir. 2007).
Antiterrorism and Effective Death Penalty Act
(“AEDPA”), which was signed into law on April 24,
1996, amended the habeas corpus statute in several respects,
one of which was to mandate a statute of limitations for
habeas actions. 28 U.S.C. § 2244(d) imposes a one-year
statute of limitations upon petitions for habeas relief:
(1) A 1-year period of limitation shall apply to an
application for a writ of habeas corpus by a person in
custody pursuant to the judgment of a State court. The
limitation period shall run 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 ...