United States District Court, E.D. Michigan, Southern Division
MEMORANDUM AND ORDER GRANTING RESPONDENT'S MOTION
TO DISMISS (DOC. 5) AND DENYING A CERTIFICATE OF
COHN, UNITED STATES DISTRICT JUDGE.
a habeas case under 28 U.S.C. § 2254. Stanford Garvin
(Petitioner) is a state prisoner serving a sentence of 60 to
90 years. The petition challenges Petitioner's 1989
guilty plea convictions of assault with intent to commit
murder, M.C.L. § 750.83, unlawful driving away of an
automobile, M.C.L. § 750.413, and possession of a
firearm during the commission of a felony, M.C.L. §
750.227b. The petition raises two claims: (1)
Petitioner's direct appeal should be reinstated where the
lack of a direct appeal violated his constitutional rights,
and (2) Petitioner should be allowed to withdraw his plea.
the Court is Respondent's motion to dismiss on the
grounds the petition is untimely. For the reasons that
follow, the motion will be granted.
pled guilty to the above offenses on September 14, 1988. The
trial court sentenced him on February 16, 1989.
to Petitioner, “on or about 4/25/89, [he] sent a copy
of his request for appointment of counsel” to the trial
court. See Docs. 1, 7. He says that he “continued to
send letters concerning the status of his request for
appointment of counsel, right to appeal, but received no
response. After years of letters, the Wayne County Clerks
Office finally answered Petitioner's letter, dated April
21, 2009.” Id. The trial court's docket
sheet, however, does not include any entries between the date
of sentencing and an order for the production of transcripts
dated July 30, 2009. Doc. 5, App'x B.
on July 30, 2009, the trial court granted Petitioner's
request for appointment of counsel and appointed the State
Appellate Defender to represent Petitioner.
reasons not known, appellate counsel did not file any
post-conviction proceeding until years later. In September of
2014, a motion for relief from judgment was filed in the
trial court. The trial court denied the motion on January 26,
2015. Doc. 5, App'x B.
filed a delayed application for leave to appeal in the
Michigan Court of Appeals. The Michigan Court of Appeals and
Michigan Supreme Court denied Petitioner's application
for leave in standard orders. People v. Garvin, No.
328480 (Mich. Ct. App. Sept.11, 2015); People v.
Garvin, 499 Mich. 967 (June 26, 2016) (table).
signed and dated the instant petition on January 13, 2017.
1996, Congress enacted the Antiterrorism and Effective Death
Penalty Act (AEDPA). The AEDPA provides a one-year period of
limitation for a habeas petition filed by a state prisoner
seeking habeas relief from a state court judgment. 28 U.S.C.
§ 2244(d)(1). The limitation runs from one of four
specified dates, usually either the day when the judgment
becomes final by the conclusion of direct review or the day
when the time for seeking such review expires. §
2244(d)(1)(A). The limitation period is tolled while “a
properly filed application for State post-conviction or other
collateral review . . . is pending.” § 2244(d)(2).
Petitioner's conviction and sentence became final in 1990
when the time for him to file a direct appeal of his
conviction expired. See Mich. Ct. R. 7.205(F) (1989). This
occurred well before AEDPA's effective date of April 24,
1996. A prisoner, such as Petitioner, whose convictions
became final before AEDPA's effective date, was given a
one-year grace period to file their federal habeas petitions.
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