Opinion
18-13964
09-25-2023
DAQUAVIS DESHAWN MARTIN, Petitioner, v. ADAM DOUGLAS,[1] Respondent.
ORDER AMENDING CASE CAPTION & DENYING WITHOUT PREJUDICE PETITIONER=S MOTION TO DISMISS [ECF NO. 29]
HONORABLE LINDA V. PARKER U.S. DISTRICT JUDGE
Michigan prisoner Daquavis Deshawn Martin (“Petitioner”) filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In his petition, as supplemented, he raises claims concerning sufficiency of the evidence, conduct of the prosecutor, effectiveness of trial counsel, pre-trial identification procedures, and the trial court's denial of discovery requests. Respondent filed an Answer to the petition, contending that it should be denied. The matter is now before the Court on Petitioner's “Motion to Dismiss” (ECF No. 29) in which he asks the Court to dismiss his pleadings but simultaneously appears to request that he be granted habeas relief. (See ECF No. 29 at Page ID 1414.)
Given the conflicting nature of Petitioner's motion, the Court is reluctant to act on his request “to dismiss” his pleadings. Accordingly, the Court denies the motion without prejudice. Should Petitioner seek to dismiss this case, he may file a clear request to voluntarily dismiss, without prejudice, his habeas petition. If he does not do so, the case shall remain on the Court's active docket for further consideration of his habeas claims.
IT IS SO ORDERED.
I hereby certify that a copy of the foregoing document was mailed to counsel of record and/or pro se parties on this date, September 25, 2023, by electronic and/or U.S. First Class mail.