United States District Court, E.D. Michigan, Southern Division
OPINION AND ORDER DENYING AMENDED PETITION FOR WRIT
OF HABEAS CORPUS 
J. MICHELSON U.S. DISTRICT JUDGE.
2011, a Michigan jury convicted Avery Parker of, among other
crimes, first-degree criminal sexual conduct. Parker is
currently serving a lengthy sentence and asks this Court to
issue him a writ of habeas corpus. Because five of
Parker's six claims are not exhausted and not
exhaustible, and because Parker's sixth claim lacks
merit, the Court will deny Parker's petition.
2011, Parker, his sister-in-law, and an acquaintance met at a
bar. People v. Parker, No. 308224, 2013 WL 1689278,
at *1 (Mich. Ct. App. Apr. 18, 2013). After drinks,
Parker's sister-in-law went home and went to sleep.
Id. Parker eventually went there too, as he was
living with his brother and sister-in-law at the time.
there the accounts diverge. Parker's sister-in-law
testified that Parker was drunk and verbally and sexually
assaulted her. Id. After Parker threatened to kill
her, she “was able to run out the door, through the
woods, and to a neighbor's house where she received
assistance.” Id. Parker, on the other hand,
testified that his sister-in-law “tried to have sex
with him.” Id.
to Parker, he “pushed her away, and the victim fell
into a heat spacer [sic], a box, and a
dresser.” Id. Parker said he then left the
home, but his sister-in-law followed. Id.
convicted Parker of, among other crimes, first-degree
criminal sexual conduct. Parker, 2013 WL 1689278, at
*1. Parker, who was sentenced as a fourth-habitual offender,
received 20 to 40 years in prison for that conviction.
appealed, raising numerous claims of error. The Michigan
Court of Appeals affirmed Parker's conviction. See
Parker, 2013 WL 1689278, at *1.
then sought leave to appeal from the Michigan Supreme Court.
In November 2013, the state high court denied leave
“because [it was] not persuaded that the questions
presented should be reviewed.” People v.
Parker, 839 N.W.2d 210, 210 (Mich. 2013).
year later, in November 2014, Parker turned to the federal
courts for relief. Parker's petition for a writ of habeas
corpus was assigned to now-retired Judge Gerald E. Rosen for
2015, the Warden moved to dismiss Parker's petition. The
Warden pointed out that contrary to Rule 2(c) of the Rules
Governing § 2254 Proceedings, Parker's petition was
not signed. (PageID.157.) The Warden also argued that
Parker's petition contained “numerous, unnumbered
claims” that “were not raised in the state
next month, Judge Rosen issued an order staying this case.
Apparently relying on the Warden's characterization of
Parker's claims (the Warden had identified 10 claims in
Parker's letter-style petition), Judge Rosen found that
“[t]he only claim [in his petition] that [Parker]
appeared to raise on his appeal of right before the Michigan
Court of Appeals was a portion of his claim involving the
failure to obtain discovery.” (PageID.765.) Although
dismissing the mixed petition was an option, Judge Rosen was
concerned that by the time Parker filed a second habeas
corpus petition (asserting the exhausted claims), the
one-year period for seeking federal habeas corpus ...