Opinion
22-cv-11218
07-19-2023
DUSTIN WILLIAM TOMASZYCKI, Petitioner, v. GARY MINIARD, Respondent.
ORDER (1) DIRECTING RESPONDENT TO FILE SINGLE, UNIFIED
RESPONSE TO PETITION FOR HABEAS CORPUS AND (2) DENYING
RESPONDENT'S MOTION FOR DISMISSAL OF PETITION FOR WRIT
OF HABEAS CORPUS UNDER HABEAS RULE 4 (ECF NO. 8)
MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE
Petitioner Dustin William Tomaszycki is currently incarcerated in the Saginaw Correctional Facility (“SCF”) in Freeland, Michigan. On May 27, 2022, Tomaszycki filed a petition for habeas corpus relief under 28 U.S.C. § 2254. (See Pet., ECF No. 1.) Instead of filing a full response to the petition, Respondent Gary Miniard filed a motion to dismiss the petition on the ground that it is time-barred. (See Mot., ECF No. 8.)
The Court concludes that the best way to proceed in this action is to have Respondent file a single response to the petition in which Respondent sets forth all of his defenses - both procedural and substantive (and including the limitations defense that Respondent has separately presented in the motion to dismiss) - to the claims in the petition. The Court DIRECTS Respondent to file that single, unified response by not later than November 17, 2023 . For now, the Court will DENY WITHOUT PREJUDICE Respondent's motion to dismiss (ECF No. 8). The Court will revisit Respondent's statute of limitations defense as appropriate when the Court undertakes a single review of the petition and forthcoming unified response.
IT IS SO ORDERED.