Dillard v. Burt, 03-71269. (2018)
Court: District Court, E.D. Michigan
Number: infdco20180103834
Visitors: 9
Filed: Jan. 02, 2018
Latest Update: Jan. 02, 2018
Summary: ORDER STRIKING PETITIONER'S PETITION (DOC. 103) GEORGE CARAM STEEH , District Judge . The Court denied petitioner Eddie Dillard's application for writ of habeas corpus, brought pursuant to 28 U.S.C. 2254, on June 2, 2004, finding that his claims were without merit. The Court also denied a certificate of appealability. The Court of Appeals for the Sixth Circuit dismissed petitioner's appeal. Dillard thereafter filed a series of motions for relief from judgment which were denied as frivolou
Summary: ORDER STRIKING PETITIONER'S PETITION (DOC. 103) GEORGE CARAM STEEH , District Judge . The Court denied petitioner Eddie Dillard's application for writ of habeas corpus, brought pursuant to 28 U.S.C. 2254, on June 2, 2004, finding that his claims were without merit. The Court also denied a certificate of appealability. The Court of Appeals for the Sixth Circuit dismissed petitioner's appeal. Dillard thereafter filed a series of motions for relief from judgment which were denied as frivolous..
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ORDER STRIKING PETITIONER'S PETITION (DOC. 103)
GEORGE CARAM STEEH, District Judge.
The Court denied petitioner Eddie Dillard's application for writ of habeas corpus, brought pursuant to 28 U.S.C. § 2254, on June 2, 2004, finding that his claims were without merit. The Court also denied a certificate of appealability. The Court of Appeals for the Sixth Circuit dismissed petitioner's appeal. Dillard thereafter filed a series of motions for relief from judgment which were denied as frivolous and untimely. In September 2015, the Court enjoined Dillard from "filing any motion or request for relief from judgment in this case based on the same arguments that have been rejected." (Doc. 90). This matter is presently before the Court on Dillard's petition to revisit and correct his application. (Doc. 103).1 Dillard's petition includes arguments to reconsider findings in the report and recommendation, (Doc. 35), regarding ineffective assistance of counsel and the double jeopardy clause. These arguments were previously rejected. Dillard's petition therefore violates the Court's September 2015 order and shall be STRICKEN.
IT IS SO ORDERED.
FootNotes
1. In addition to mailing the petition, Dillard enclosed copies of his correspondence and filing with a Michigan court. This court shall mail these papers back to Dillard along with a copy of this order.
Source: Leagle
