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Rooks v. Brewer

United States District Court, E.D. Michigan, Southern Division

October 12, 2017

RODERIC MARTEZ ROOKS, Petitioner,
v.
SHAWN BREWER, Respondent.

          MEMORANDUM AND ORDER DENYING RESPONDENT'S MOTION TO DISMISS (DOC. 4) AND DIRECTING RESPONDENT TO FILE AN ANSWER

          AVERN COHN UNITED STATES DISTRICT JUDGE

         I. Introduction

         This is a habeas case under 28 U.S.C. § 2254. Petitioner Roderic Martez Rooks, a state prisoner, challenges his convictions on drug and weapons offenses. Before the Court is Respondent's motion to dismiss on the grounds that the petition was not timely filed. For the reasons that follow, the motion will be denied.

         II. Background

         Following his convictions after a bench trial, Petitioner filed an appeal of right with the Michigan Court of Appeals. The Michigan Court of Appeals affirmed Petitioner's convictions. People v. Rooks, No. 307180, 2013 WL 1689277 (Mich.Ct.App. Apr. 18, 2013). The Michigan Supreme Court denied leave to appeal. People v. Rooks, 495 Mich. 854 (2013). On September 24, 2014, the United States Supreme Court denied certiorari. Rooks v. Michigan, 134 S.Ct. 1291 (2014).

         Petitioner then filed a motion for relief from judgment with the trial court three hundred and thirty seven days later, on January 28, 2015. The trial court denied the motion. People v. Rooks, No. 11-235719-FC (Oakland Cty. Cir. Ct., Dec. 18, 2015). The Michigan Court of Appeals and Michigan Supreme Court denied leave to appeal. People v. Rooks, No. 331634 (Mich.Ct.App. May 13, 2016); People v. Rooks, 500 Mich. 933 (2017) (Jan. 31, 2017). Petitioner then apparently filed a motion for reconsideration with the Michigan Supreme Court, which was rejected on February 22, 2017. See Doc. 15 from Michigan Court of Appeals Docket. No. 331634, Respondent's Appendix E. Petitioner, through counsel, filed the instant petition on March 2, 2017.

         III. Discussion

         Habeas petitions are subject to a one-year statute of limitations. The relevant statute provides that the statute 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 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 exercise of due diligence.

28 U.S.C. § 2244(d)(1).

         Here, direct review of Petitioner's conviction ended on February 24, 2014, when the United States Supreme Court denied certiorari. See Clay v. U.S.,537 U.S. 522, 529, n. 4 (2003). Petitioner therefore had one year, or until February 24, ...


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