Millis 464001 v. Rewerts

District Court, W.D. Michigan·Decided June 13, 2025·No. 1:25-cv-00530·Unknown

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ______

KYLE RAYMOND MILLIS,

Petitioner, Case No. 1:25-cv-530

v. Honorable Paul L. Maloney

RANDEE REWERTS,

Respondent. ____________________________/ OPINION This is a habeas corpus action brought by a state prisoner under 28 U.S.C. § 2254. As part of a preliminary review of the petition under Rule 4 of the Rules Governing § 2254 Cases, the Court noted that it appeared that Petitioner had failed to timely file his petition. (Op., ECF No. 4.) The Court therefore entered an order directing Petitioner to show cause within 28 days why his petition should not be dismissed as untimely. (Order, ECF No. 5.) The Court received Petitioner’s response (ECF No. 6) on May 29, 2025. The Court conducts a preliminary review of the petition under Rule 4 to determine whether “it plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief in the district court.” Rule 4, Rules Governing § 2254 Cases; see 28 U.S.C. § 2243. If so, the petition must be summarily dismissed. Rule 4; see Allen v. Perini, 424 F.2d 134, 141 (6th Cir. 1970) (discussing that a district court has the duty to “screen out” petitions that lack merit on their face). A dismissal under Rule 4 includes those petitions which raise legally frivolous claims, as well as those containing factual allegations that are palpably incredible or false. Carson v. Burke, 178 F.3d 434, 436–37 (6th Cir. 1999). The Court may also sua sponte dismiss a habeas action as time-barred under 28 U.S.C. § 2244(d). Day v. McDonough, 547 U.S. 198, 209 (2006). After reviewing Petitioner’s response, the Court concludes that Petitioner has not shown cause why his petition should not be dismissed as untimely. Accordingly, the Court will dismiss Petitioner’s petition with prejudice as untimely. Discussion I. Factual Allegations Petitioner is incarcerated with the Michigan Department of Corrections at the Carson City Correctional Facility (DRF) in Carson City, Montcalm County, Michigan. On June 26, 2019, the Kent County Circuit Court sentenced Petitioner to an aggregate sentence of 35 to 65 years after

Petitioner pleaded nolo contendere to three counts of first-degree criminal sexual conduct (CSC- I), in violation of Mich. Comp. Laws § 750.520b(1)(b), and one count of second-degree criminal sexual conduct (CSC-II), in violation of Mich. Comp. Laws § 750.520c(1)(b). See Offender Tracking Information System (OTIS), https://mdocweb.state.mi.us/OTIS2/otis2profile.aspx? mdocNumber=464001 (last visited June 10, 2025). The Michigan Court of Appeals denied Petitioner’s delayed application for leave to appeal “for lack of merit in the grounds presented” on February 13, 2020. See Register of Actions, People v. Millis, No. 351989 (Mich. Ct. App.), https://www.courts.michigan.gov/c/courts/coa/case/351989 (last visited June 10, 2025). The Michigan Supreme Court denied Petitioner’s application for leave to appeal on February 2, 2021. See id. Petitioner did not seek certiorari from the United States Supreme Court. (§ 2254 Pet., ECF

No. 1, PageID.4.) 2 Petitioner indicates that he filed a motion for relief from judgment pursuant to Michigan Court Rule 6.502 on March 29, 2022. (§ 2254 Pet., ECF No. 1, PageID.4.) The trial court denied his motion on March 12, 2024. (Id., PageID.6.) The Michigan Court of Appeals denied Petitioner’s delayed application for leave to appeal on August 20, 2024. See Register of Actions, People v. Millis, No. 370630, https://www.courts.michigan.gov/c/courts/coa/case/370630 (last visited June 10, 2025). On November 20, 2024, the Michigan Supreme Court administratively dismissed Petitioner’s application for leave to appeal because it was not timely filed with that court. See id. The Court received Petitioner’s § 2254 petition on May 8, 2025. Petitioner raises the following ground for relief in his petition:

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