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Patterson v. Anderson

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

February 7, 2018

CHESTER PATTERSON, Petitioner,
v.
CHARLES ANDERSON, Respondent,

         OPINION AND ORDER (1) DIRECTING THE CLERK OF THE COURT TO REOPEN THE CASE TO THE COURT'S ACTIVE DOCKET, (2) DENYING PETITIONER'S RULE 60(D) MOTION FOR RELIEF FROM JUDGMENT OR IN THE ALTERNATIVE FOR AN INDEPENDENT ACTION, (3) DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY, AND (4) DENYING LEAVE TO APPEAL IN FORMA PAUPERIS

          NANCY G. EDMUNDS UNITED STATES DISTRICT JUDGE

         I. Introduction

         On May 31, 1979, petitioner filed a petition for writ of habeas corpus, challenging his 1972 convictions out of Kent County Circuit Court for second-degree murder and armed robbery. This Court's predecessor initially granted habeas relief but on reconsideration denied the petition for writ of habeas corpus.

         Petitioner has filed a Rule 60(d) motion for relief from judgment, or in the alternative, for an independent action.

         For the following reasons, the Court orders the Clerk of the Court to reopen the case to the Court's active docket. The Court denies in the motion for relief from judgment and/or motion to file an independent action.

         II. Background

         Petitioner has had a long history of litigation in the federal courts. This Court recites the facts underlying petitioner's conviction from the Sixth Circuit's denial of petitioner's subsequently filed sixth habeas petition:

On December 21, 1970, plaintiff-appellant Chester Patterson (“Patterson”) and an accomplice committed an armed robbery. After demanding money from the store clerk, Patterson told the clerk to lie down on the floor. Though defendant-appellee Jessie Rivers (“Rivers”) asserts that Patterson then fatally shot the clerk in the head following the robbery, Patterson asserts that he merely fired a “warning shot” before fleeing the store. Moreover, Patterson insists that the clerk was alive when he fled the store following the robbery. In any event, Patterson pled guilty to second degree murder and armed robbery and received two concurrent life sentences.
On April 11, 1972, the Michigan Court of Appeals reversed Patterson's conviction because Patterson was not sufficiently advised of his constitutional rights when he entered his guilty plea. On May 12, 1972, Patterson entered guilty pleas for the second time and, once again, was sentenced to two concurrent life sentences. The Michigan Court of Appeals and the Michigan Supreme Court subsequently denied Patterson's applications for leave to appeal his conviction, and the Kent County Circuit Court denied Patterson's post-conviction motions for a new trial.
The district court dismissed Patterson's first habeas corpus petition without prejudice on January 25, 1977, and dismissed Patterson's second habeas corpus petition without prejudice on May 4, 1981. On October 27, 1981, the district court addressed the merits of Patterson's third habeas corpus petition and denied relief. This court, however, vacated the district court's decision and remanded Patterson's third habeas corpus petition to district court with instructions to dismiss the petition in light of Patterson's failure to exhaust state remedies pursuant to Rose v. Lundy, 455 U.S. 509 (1982). The district court did so on August 23, 1983.[1]
In his fourth habeas corpus petition, Patterson raised eight grounds for relief. The district court denied Patterson's fourth petition on December 13, 1985. This court affirmed the district court's decision on August 13, 1987, and the United States Supreme Court denied Patterson's petition for a writ of certiorari on January 19, 1988.
On August 30, 1991, a magistrate judge recommended that Patterson's fifth habeas corpus petition be dismissed as an abuse of the writ. On September 13, 1991, the district court adopted the magistrate judge's Report and Recommendation as the opinion of the court and dismissed Patterson's petition.
Patterson's sixth habeas corpus petition, which is the subject of this appeal, raises three claims: (1) ineffective assistance of trial counsel; (2) ineffective assistance of appellate counsel; and (3) the prosecution's suppression of exculpatory evidence. On September 3, 1996, the district court dismissed Patterson's sixth habeas corpus petition in accordance with the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) which took effect on April 24, 1996. On September 3, 1997, Patterson moved to reinstate his sixth habeas corpus petition in light of the Supreme Court's decision in Lindh v. Murphy, 521 U.S. 320 (1997), which held that the AEDPA does not apply to habeas corpus petitions that were pending on the date of its enactment. The district court agreed with Patterson and, on September 8, 1997, the court: reinstated Patterson's sixth habeas corpus petition; reconsidered the petition under pre-AEDPA standards; and dismissed the petition as an abuse of the writ pursuant to 28 U.S.C. § 2244(b).
On October 7, 1997, Patterson filed a motion to reconsider the suppression of exculpatory evidence issue in district court. The district court denied Patterson's motion for reconsideration on October 20, 1997. On June 12, 1998, the Sixth Circuit granted Patterson's motion for a certificate of ...

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