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Carus-Wilson v. Howard

United States District Court, E.D. Michigan, Southern Division
Aug 7, 2007
CASE NO. 06-CV-10582 (E.D. Mich. Aug. 7, 2007)

Opinion

CASE NO. 06-CV-10582.

August 7, 2007


ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS


Simon Carus-Wilson ("Petitioner") has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging an Oakland County drug conviction for which he was sentenced to a term of probation in 2002.

In reviewing this matter, the Court has discovered that Petitioner is on absconder status from the Michigan Department of Corrections. See Offender Tracking Information System ("OTIS") Offender Profile, attached. Because Petitioner is on absconder status and has been so since August 31, 2006, this Court will dismiss his habeas petition pursuant to the "fugitive disentitlement doctrine," which allows a court, in the exercise of its discretion, to dismiss an appeal by a defendant who has fled from custody on a criminal conviction imposed by a court in this country. See, e.g., Estelle v. Dorrough, 420 U.S. 534 (1975). Several federal courts have invoked the fugitive disentitlement doctrine to dismiss habeas petitions. See Bagwell v. Dretke, 376 F.3d 408, 412 (5th Cir. 2004) (citing cases). Dismissal is appropriate in this case due to the unenforceability of any judgment authorizing habeas relief, the indignity visited upon the court and the rule of law, and deterrence.

Accordingly,

IT IS ORDERED that the petition for writ of habeas corpus is DISMISSED.


Summaries of

Carus-Wilson v. Howard

United States District Court, E.D. Michigan, Southern Division
Aug 7, 2007
CASE NO. 06-CV-10582 (E.D. Mich. Aug. 7, 2007)
Case details for

Carus-Wilson v. Howard

Case Details

Full title:SIMON CARUS-WILSON Petitioner, v. SHALLIMAR HOWARD, Respondent

Court:United States District Court, E.D. Michigan, Southern Division

Date published: Aug 7, 2007

Citations

CASE NO. 06-CV-10582 (E.D. Mich. Aug. 7, 2007)