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Brantley v. Skipper

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

April 30, 2019

DASHAWN BRANTLEY, Petitioner,
v.
SHANE JACKSON, Respondent.

          OPINION AND ORDER SUMMARILY DISMISSING WITHOUT PREJUDICE THE PETITION FOR A WRIT OF HABEAS CORPUS AND DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY OR LEAVE TO APPEAL IN FORMA PAUPERIS

          HONORABLE DENISE PAGE HOOD CHIEF UNITED STATES DISTRICT JUDGE.

         Dashawn Brantley, (“petitioner”), confined at the Earnest C. Brooks Correctional Facility in Muskegon Heights, Michigan, seeks the issuance of a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In his application, filed pro se, petitioner challenges his plea-based convictions of armed robbery, Mich. Comp. Laws § 750.529, and possession of a firearm during the commission of a felony (felony firearm), § 750.227b. For the reasons stated below, the petition for a writ of habeas corpus is DISMISSED WITHOUT PREJUDICE.

         I. Background

         Petitioner was convicted following the entry of a guilty plea in the Wayne County Circuit Court.

         Petitioner's conviction was affirmed on appeal by the Michigan Court of Appeals when leave to appeal was denied “for lack of merit in the grounds presented.” People v. Brantley, No. 342119, (Mich. Ct. App. Mar. 16, 2018). On May 14, 2018, petitioner signed and filed an application for leave to appeal with the Michigan Supreme Court which was rejected, because it was filed beyond the May 11, 2018 deadline, and therefore, was untimely. ECF 7-10, PageID.222.

         On June 27, 2018, petitioner filed a petition for a writ of habeas corpus with this Court.[1]

         Petitioner raises the following four grounds in seeking relief:

I. The trial court abused it's (sic) discretion in denying Mr. Brantley's motion to withdraw his plea.
II. Mr. Brantley should be allowed to withdraw his plea because he is actually not guilty and was denied effective assistance of counsel at his plea proceeding[.]
III. The Michigan Court of Appeals denied appellant due process right to submit a standard four brief where the court entered its' order about ten (47) days after appellant's application for leave to appeal was filed.
IV. Defendant was denied effective assistance of counsel when trial counsel failed to object to defendant's arrest.

         II. Discussion

         The instant petition must be dismissed because none of the claims have been properly exhausted with the state courts.

         As a general rule, a state prisoner seeking federal habeas relief must first exhaust his available state court remedies before raising a claim in federal court. 28 U.S.C. § 2254(b) and (c); Picard v. Connor, 404 U.S. 270, 275-78 (1971); Hannah v. Conley, 49 F.3d 1193, 1195 (6th Cir. 1995). A petition for a writ of habeas corpus filed by a state prisoner shall not be granted unless the petitioner has exhausted his available state court remedies, there is an absence of available state corrective process, or circumstances exist that render such process ineffective to protect the petitioner's rights. See Turner v. Bagley,401 F.3d 718, 724 (6th Cir. 2005). Federal district courts must dismiss habeas petitions which contain unexhausted claims. Pliler v. Ford,542 U.S. 225, 230 ...


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