Opinion
Case No. 18-cv-12165
01-17-2019
LEVONNE JOMARRIO GREER, Petitioner, v. DANIEL LESATZ, Respondent.
OPINION AND ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS WITHOUT PREJUDICE
Petitioner Levonne Jomario Greer, through counsel, has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254, challenging his convictions for first-degree premeditated murder, eight counts of felony-firearm, five counts of assault with intent to commit murder, one count of carrying a concealed weapon, and one count of discharging a firearm from a vehicle, obtained in the Saginaw County Circuit Court. The Court finds that the petition challenges the same convictions challenged in another earlier-filed case pending in this District and, therefore, dismisses the petition without prejudice.
One day before Petitioner filed the present Petition, Petitioner, proceeding pro se, filed a different habeas petition in this Court. See Greer v. Lesatz, No. 5:18-cv-12143. The first-filed petition challenges the same convictions challenged in the present matter. To the extent that Petitioner wishes to raise additional or different claims, he should do so by raising them in the earlier-filed case. See 28 U.S.C. § 2244.
Accordingly, IT IS ORDERED that the present Petition is DISMISSED WITHOUT PREJUDICE. Reasonable jurists would not debate the Court's decision that the Petition challenges the same convictions challenged in an earlier-filed, pending petition and should be dismissed on that basis. The Court therefore DECLINES to grant a certificate of appealability under 28 U.S.C. § 2253(c)(2). See Slack v. McDaniel, 529 U.S. 473, 484 (2000).
IT IS SO ORDERED. Dated: January 17, 2019
s/Gershwin A. Drain
HON. GERSHWIN A. DRAIN
United States District Court Judge
CERTIFICATE OF SERVICE