United States District Court, E.D. Michigan, Southern Division
QUINCY A. CURRY, Petitioner,
SHAWN BREWER, Defendant.
Patricia T. Morris Magistrate Judge.
OPINION AND ORDER GRANTING RESPONDENT'S MOTION TO
DISMISS  AND DISMISSING PETITION FOR WRIT OF HABEAS CORPUS
J. MICHELSON U.S. DISTRICT JUDGE.
Quincy A. Curry, a Michigan prisoner, filed a pro se
petition for a writ of habeas corpus pursuant to 28 U.S.C.
§ 2254. Petitioner challenges his Wayne County, Michigan
convictions for, among other offenses, carjacking, Mich.
Comp. Laws § 750.529a. Respondent Shawn Brewer moved to
dismiss the petition on the basis that Petitioner's
ground for relief is moot. The Court agrees. Accordingly, the
Court will deny the petition with prejudice.
a jury trial in Wayne County Circuit Court, Petitioner was
convicted, as charged, of carjacking, Mich. Comp. Laws §
750.529a, conspiracy to commit carjacking, Mich. Comp. Laws
§§ 750.157a and 750.529a, receiving and concealing
stolen property, Mich. Comp. Laws § 750.535(7), and
felony firearm, Mich. Comp. Laws §
750.227b. On May 16, 2013, the trial court sentenced
Petitioner to two years in prison for the felony-firearm
conviction, followed by concurrent terms of eighteen to
thirty years in prison for the carjacking and conspiracy
convictions and two to five years in prison for the
receiving-and-concealing-stolen-property conviction. The
judgment of sentence, entered on the same day, erroneously
indicated that Petitioner was sentenced as a fourth-offense
habitual offender under Mich. Comp. Laws § 769.12.
direct appeal to the Michigan Court of Appeals, Petitioner
claimed he was entitled to have his judgment of sentence
corrected to reflect the fact that he was not a habitual
offender. The Michigan Court of Appeals agreed with
Petitioner and remanded his case to the trial court
“for the ministerial task of correcting the judgment of
sentence and transmitting the corrected judgment to the
[Michigan Department of Corrections].” People v.
Curry, No. 317090, 2014 Mich.App. LEXIS 2286, at *2
(Mich. Ct. App. Nov. 25, 2014). On remand, the trial court
amended the judgment of sentence to remove the habitual
offender designation. Petitioner nevertheless raised the same
issue in an application for leave to appeal in the Michigan
Supreme Court. On April 28, 2015, the Michigan Supreme Court
denied leave to appeal because it was not persuaded to review
the issue. People v. Curry, 862 N.W.2d 226 (Mich.
21, 2016, Petitioner filed a pro se petition for a
writ of habeas corpus, challenging his convictions on four
substantive grounds. Curry v. Brewer, No.
16-cv-11040 (E.D. Mich. March 21, 2016). However, Petitioner
admitted that he had not exhausted state remedies for any of
the grounds raised in his petition (which included claims of
insufficient evidence and judge bias), and so the Court
dismissed the Petition without prejudice. See id.
26, 2016, Petitioner filed the current petition, seeking
relief on the following grounds:
 People v. Carines, 460 Mich. 750, 653, 764, 597
N.W.2d 130 (1999) . . . Judgment of sentence was incorrect
because the judge sentenced me as a 4th [h]abitual
 People v. Katt, 248 Mich.App. 282, 311-312; 639
N.W.2d 815 (2001). Judgement of sentence is incorrect.
 People v. Jamison, 488 Mich. 851; 788 N.W.2d 6
(2010). . . . The judge sentence[d] me as a 4th habitual
which made him go on the high end of my guidelines.
 People v. Uphaus, 278 Mich.App. 174, 182; 748
N.W.2d 899 (2008).
(R. 1, PID 6-10.)
has moved for dismissal on the basis that Petitioner's
challenge to the state court's judgment of sentence is
moot. (R. 9.) Petitioner ...