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TOMMY HOWARD, Petitioner-Appellant, v. UNITED STATES OF AMERICA, Respondent-Appellee. |
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Appeal from the United States District Court
for the Southern District of Ohio at Cincinnati.
No. 06-00216—S. Arthur Spiegel, District Judge.
Submitted: March 17, 2008
Decided and Filed: July 22, 2008
Before: BOGGS, Chief Judge; ROGERS, Circuit Judge; SHADUR, District Judge.
ROGERS, Circuit Judge. After the district court denied his motion to vacate sentence, habeas petitioner Tommy Howard moved to alter or amend that judgment pursuant to Fed. R. Civ. P. 59(e) and for leave to amend his pleadings pursuant to Fed. R. Civ. P. 15. Howard asked that the denial be set aside so that he could amend his motion to vacate sentence to allege, for the first time, errors in his sentencing. The district court denied this request, construing it as a second motion to vacate sentence, and transferred the case to our court pursuant to 28 U.S.C. § 1631 and § 2255(h). Because a Rule 59(e) motion is not subject to the strict procedural requirements imposed on second or successive habeas petitions, we return this case to the district court for consideration of the motion without regard to such limits.
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ANITRA COOMER, Petitioner-Appellant, v. JOAN YUKINS, Warden, Respondent-Appellee. |
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Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 04-72217—Nancy G. Edmunds, District Judge.
Argued: June 10, 2008
Decided and Filed: July 22, 2008
Before: GIBBONS and SUTTON, Circuit Judges; ACKERMAN, Senior District Judge.
HAROLD A. ACKERMAN, Senior District Judge. Petitioner-Appellant Anitra Coomer, a Michigan state prisoner, appeals the dismissal of her petition for a writ of habeas corpus. Coomer challenges the District Court’s determination that two of her confessions to murder were not obtained in violation of Miranda. For the following reasons, we affirm the District Court’s denial of habeas relief.
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UNITED STATES OF AMERICA, Plaintiff-Appellant, v. JAMES M. FUNK, Defendant-Appellee. |
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On Remand from the United States Supreme Court.
No. 02-00708—James G. Carr, Chief District Judge.
Argued: June 23, 2006
Decided and Filed: July 22, 2008
Before: BOGGS, Chief Judge; BATCHELDER, Circuit Judge; BELL, Chief District Judge.
ALICE M. BATCHELDER, Circuit Judge. On remand from the Supreme Court, we are charged with deciding whether a district court’s below-Guidelines sentence was reasonable. Because we conclude that it was not, we VACATE and REMAND for resentencing.
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JUSTIN PARSONS, Plaintiff-Appellant, v. CITY OF PONTIAC, DETECTIVE SHERRY MCKINNEY, and DETECTIVE MAURICE MARTIN, jointly and severally and in their individual capacities, Defendants-Appellees. |
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Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 04-74457—R. Steven Whalen, Magistrate Judge.
Argued: June 4, 2008
Decided and Filed: July 22, 2008
Before: MERRITT, CLAY, and GILMAN, Circuit Judges.
RONALD LEE GILMAN, Circuit Judge. Justin Parsons was arrested for the nonfatal shooting of Arthur Frantz, a firefighter with the Pontiac Fire Department. Parsons was a former firefighter who was discharged as a probationary employee of the Fire Department a month and a half before the shooting. Following his arrest, Parsons was detained for approximately two days before he was released. No charges have ever been filed against him in regard to the shooting.
Parsons sued the City of Pontiac and a number of city police officers pursuant to 42 U.S.C. § 1983 and Michigan state law. Specifically, Parsons alleges that his constitutional rights were violated because he was arrested and detained without probable cause. The district court granted summary judgment in favor of the defendants. For the reasons set forth below, we REVERSE the judgment of the district court and REMAND the case for further proceedings consistent with this opinion.