United States District Court, E.D. Michigan, Southern Division
MARTIN L. MILES, Petitioner,
GEORGE STEPHENSON, Respondent,
OPINION AND ORDER SUMMARILY DISMISSING THE PETITION
FOR WRIT OF HABEAS CORPUS, DENYING A CERTIFICATE OF
APPEALABILITY, AND GRANTING LEAVE TO APPEAL IN FORMA
HONORABLE ARTHUR J. TARNOW UNITED STATES DISTRICT JUDGE
L. Miles, (“Petitioner”), confined at the Thumb
Correctional Facility in Lapeer, Michigan, filed a pro
se petition for writ of habeas corpus pursuant to 28
U.S.C. § 2254, challenging his convictions for
first-degree felony murder, unlawfully driving away an
automobile, felony firearm, and carrying a dangerous weapon
with unlawful intent. Respondent filed a renwed motion to
dismiss the petition for writ of habeas corpus, contending
that petitioner failed to comply with the statute of
limitations contained in 28 U.S.C. §
2244(d)(1). For the reasons stated below,
petitioner's application for a writ of habeas corpus is
was convicted following a jury trial in the Macomb County
review of petitioner's conviction ended in the Michigan
courts on October 4, 1988, when the Michigan Supreme Court
denied petitioner leave to appeal following the affirmance of
his conviction on his appeal of right by the Michigan Court
of Appeals. People v. Miles, No. 82689 (Mich.Sup.Ct.
Oct. 4, 1988).
March 30, 2012, petitioner filed a post-conviction motion for
relief from judgment, which was denied. People v.
Miles, No. 85-743-FC (Macomb Cty. Cir. Ct., Apr. 25,
2012). After the Michigan Court of Appeals denied petitioner
leave to appeal, See People v. Miles, No. 310997
(Mich.Ct.App. Apr. 17, 2013), post-conviction review of the
case ended on July 30, 2013, when the Michigan Supreme Court
denied petitioner's post-conviction appeal. People v.
Miles, 494 Mich. 884, 834 N.W.2d 493 (2013).
signed and dated his original habeas petition on May 20,
October 24, 2014, this Court granted petitioner's motion
to hold the petition in abeyance so that he could return to
the state courts and file a second post-conviction motion for
relief from judgment. Miles v. Bergh, No.
2:14-CV-12131, 2014 WL 5473196 (E.D. Mich. Oct. 24, 2014).
returned to the state courts and filed a second
post-conviction motion for relief from judgment, which was
denied. People v. Miles, No. 1985-0743-FC (Macomb
Cty.Cir.Ct. Jan. 7, 2015). The Michigan appellate courts
denied petitioner leave to appeal. People v. Miles,
No. 325826 (Mich.Ct.App. May 4, 2015); lv. den. 499
Mich. 966, 880 N.W.2d 549 (2016).
August 29, 2016, this Court lifted the stay, amended the
caption, and permitted petitioner to file an amended habeas
petition raising additional claims. Miles v.
Stephenson, No. 2:14-CV-12131, 2016 WL 4502437 (E.D.
Mich. Aug. 29, 2016).
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 (2d Cir.1999);
See also Cooey v. Strickland, 479 F.3d 412, 415-16
(6th Cir. 2007).
the Antiterrorism and Effective Death Penalty Act (AEDPA), a
one year statute of limitations shall apply to an application
for writ of habeas corpus by a person in custody pursuant to
a judgment of a state court. The one year statute of
limitation 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 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
prevented from filing by such State action;
(C) the date on which the constitutional right asserted was
initially recognized by the Supreme Court, if the right has
been newly recognized by the Supreme Court and made
retroactively applicable to cases on collateral review; or
(D) the date on which the factual predicate of the claim or
claims presented could have been discovered through the