Harrison v. I.M.S.

56 F. App'x 682
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 22, 2003
DocketNo. 99-2249
StatusPublished
Cited by5 cases

This text of 56 F. App'x 682 (Harrison v. I.M.S.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harrison v. I.M.S., 56 F. App'x 682 (6th Cir. 2003).

Opinion

CLAY, Circuit Judge.

Petitioner, Jesse Harrison, a Michigan prisoner proceeding pro se, appeals from the district court’s judgment entered on September 3, 1999, granting summary judgment to Respondent, I.M.S., et al., thereby denying Petitioner’s application for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. For the reasons set forth below, we AFFIRM.

BACKGROUND

Procedural History

On July 15, 1991, Petitioner was convicted by a jury of assault with intent to murder, felonious assault, and felony firearm, in violation of Mich. Comp. Laws Ann. §§ 750.83, 750.82, and 750.227, respectively. After the jury’s verdict, Petitioner pleaded guilty to being a habitual offender, second offense, in violation of Mich. Comp. Laws Ann. § 769.10.

The Michigan Supreme Court denied Petitioner’s application for leave to appeal on September 30, 1994. People v. Harrison, No. 99430, 523 N.W.2d 629 (Mich. Sept. 30,1994) (unpublished).

In January of 1998, Petitioner filed a pro se application for a writ of habeas corpus. Respondent filed a motion for summary judgment on January 13, 1999, requesting that the court dismiss Petitioner’s applica[683]*683tion since it was filed after expiration of the one-year statute of limitations established by 28 U.S.C. § 2244(d)(1). Petitioner filed a response on August 26, 1999.

The court issued an order on September 3, 1999, granting Respondent’s motion for summary judgment, thereby denying Petitioner’s application for a writ of habeas corpus.

Petitioner filed an untimely notice of appeal on October 21, 1999. Pursuant to Federal Rule of Appellate Procedure 4(a)(5), the district court construed Petitioner’s notice of appeal as a motion for an extension of time to appeal. On July 3, 2000, the district court issued an order granting Petitioner’s motion for an extension of time to appeal. We granted a certificate of appealability on November 26, 2000.

Facts

Following a jury trial in Oakland County Circuit Court, Petitioner was convicted, on July 15, 1991, of assault with intent to murder, felonious assault, and felony firearm, in violation of Mich. Comp. Laws Ann. §§ 750.83, 750.82, and 750.227, respectively. After entry of the jury’s verdict, Petitioner pleaded guilty to being a habitual offender, second offense, in violation of Mich. Comp. Laws Ann. § 769.10. Petitioner received a sentence of twenty-to-sixty years of imprisonment for the assault with intent to murder conviction, which was vacated and replaced by a sentence of twenty-to-sixty years of imprisonment for the habitual offender conviction. Petitioner also received a sentence of two-to-four years of imprisonment for the felonious assault conviction, and five years of imprisonment for the felony firearm conviction.

Petitioner filed an appeal as of right with the Michigan Court of Appeals on August 20, 1991. The appellate court affirmed Petitioner’s conviction.

In September of 1992, Petitioner was admitted into the Federal Witness Protection (“FWP”) Program as result of his cooperation with authorities. Two years later, Petitioner filed an application for leave to appeal with the Michigan Supreme Court. The Michigan Supreme Court denied leave to appeal. People v. Harrison, No. 99430, 523 N.W.2d 629 (Mich. Sept. 30, 1994) (unpublished).

In January of 1998, Petitioner filed a pro se application for a writ of habeas corpus, alleging that he is incarcerated in violation of his constitutional rights. Respondent filed a motion for summary judgment on January 13, 1999. Respondent requested that the court dismiss Petitioner’s application since it was filed after expiration of the one-year statute of limitations established by 28 U.S.C. § 2244(d)(1). The court ordered Petitioner to file a response to the motion for summary judgment by August 20, 1999. Petitioner filed an untimely response on August 26, 1999, asserting that he was unable to meet the filing deadline because of “pending court matters and institutional red tape,” and that he was not aware of the deadline. (J.A. at 61.) Petitioner further asserted that he did not receive a copy of his trial transcripts in time to meet the filing deadline since his mail was sent to Washington by the FWP Program and then forwarded to his address. Petitioner asserted that he first received a copy of his trial transcripts in late 1996, but the transcripts were confiscated by prison officials in February of 1997. Petitioner also asserted that when portions of the transcripts were returned to him in August of 1997, he was transferred to another institution and did not receive his personal property until November of 1997. Petitioner claimed that he filed a motion for sentence reduction in [684]*684late 1996; however, the district court docket sheet does not indicate that the motion was ever filed.

The court issued an order on September 2, 1999, granting Respondent’s motion for summary judgment, thereby denying Petitioner’s application for a writ of habeas corpus. The court held that Petitioner failed to demonstrate “the existence of any exceptional circumstances which would warrant equitable tolling of the limitations period.” (J.A. at 72-73.)

DISCUSSION

We review the district court’s grant of summary judgment de novo. Kocsis v. Multi-Care Mgmt., Inc., 97 F.3d 876, 882 (6th Cir.1996). Summary judgment is appropriate if “the pleadings, affidavits, and other submissions show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Mich. Prot. & Advocacy Serv., Inc. v. Babin, 18 F.3d 337, 341 (6th Cir.1994) (quoting Fed. R.Civ.P. 56(c)). All evidence must be viewed in the light most favorable to the nonmoving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). However, “[t]he moving party need not support its motion with evidence disproving the nonmoving party’s claim, but need only show that there is an absence of evidence to support the nonmov-ing party’s case.” Babin, 18 F.3d at 341 (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)).

The district court’s dismissal of an application for a writ of habeas corpus is also reviewed de novo. Cook v. Stegall, 295 F.3d 517, 518 (6th Cir.2002). The factual findings of a district court are reviewed for clear error. Id.

A. Filing Deadline

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56 F. App'x 682, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrison-v-ims-ca6-2003.