Strauss v. Terris, 18-cv-12790. (2019)
Court: District Court, E.D. Michigan
Number: infdco20190701a83
Visitors: 22
Filed: Jun. 28, 2019
Latest Update: Jun. 28, 2019
Summary: ORDER FOR SUPPLEMENTAL BRIEFING MATTHEW F. LEITMAN , District Judge . Petitioner Terry Joshua Strauss has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241. Respondent J.A. Terris has moved to dismiss the petition on the ground that in Muller's Rule 11 plea agreement, Strauss agreed not to bring a collateral attack on his conviction under 28 U.S.C. 2255. Terris's motion does not cite any case in which any court has held that a petitioner's waiver of his right to seek
Summary: ORDER FOR SUPPLEMENTAL BRIEFING MATTHEW F. LEITMAN , District Judge . Petitioner Terry Joshua Strauss has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241. Respondent J.A. Terris has moved to dismiss the petition on the ground that in Muller's Rule 11 plea agreement, Strauss agreed not to bring a collateral attack on his conviction under 28 U.S.C. 2255. Terris's motion does not cite any case in which any court has held that a petitioner's waiver of his right to seek r..
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ORDER FOR SUPPLEMENTAL BRIEFING
MATTHEW F. LEITMAN, District Judge.
Petitioner Terry Joshua Strauss has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241. Respondent J.A. Terris has moved to dismiss the petition on the ground that in Muller's Rule 11 plea agreement, Strauss agreed not to bring a collateral attack on his conviction under 28 U.S.C. 2255. Terris's motion does not cite any case in which any court has held that a petitioner's waiver of his right to seek relief under 28 U.S.C. 2255 precludes the petitioner from seeking relief under 28 U.S.C. 2241. The Court would benefit from authority directly supporting Terris's assertion concerning the effect of the waiver in the plea agreement. Accordingly, IT IS HEREBY ORDERED that by not later than July 15, 2019, Terris shall file a supplemental brief citing cases in which federal courts have held that a waiver of the right to bring a collateral attack on a conviction under 28 U.S.C. 2255 bars a petitioner from seeking habeas relief under 28 U.S.C. 2241. Strauss may respond to Terris's supplemental brief by not later than August 9, 2019.
IT IS SO ORDERED.
Source: Leagle
