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Neatopotato Xxx Novels Full43 -- B. pfarrm kw. Beta 3. Up to date download. Notify me of new posts by email. 947 F.2d 947 NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.Stanley KAY, Petitioner-Appellant,v.Jerry M. FREEMAN, Warden, Respondent-Appellee. No. 91-1550. United States Court of Appeals, Sixth Circuit. Nov. 17, 1991. Before KENNEDY, Circuit Judge, and WELLFORD, Senior Circuit Judge, and CONTIE, Senior Circuit Judge. ORDER 1 Stanley Kay, a pro se Michigan state prisoner, appeals the district court's order dismissing his petition for a writ of habeas corpus filed under 28 U.S.C. 2254. This case has been referred to a panel of the court pursuant to Rule 9(b), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed.R.App.P. 34(a). 2 In December 1987, a jury convicted Kay of first degree criminal sexual conduct, for which he received a term of fifteen to thirty years imprisonment. His conviction was affirmed by the Michigan Court of Appeals. The Michigan Supreme Court denied leave to appeal. 3 In February 1988, Kay filed a petition for a writ of habeas corpus. The district court denied the petition as procedurally barred and declined to address its merits because the denial was not in clear error. Kay appealed and this court affirmed the district court's order on the grounds that the district court did not err in dismissing the petition as procedurally barred under Michigan's procedural default rules. We also raised the issue of whether the trial court lacked subject matter jurisdiction. Kay did not file a writ of certiorari. 4 In June 1989, Kay filed another petition for a writ of habeas corpus. The district court determined that the petition was successive because the same claims had been presented in the first petition and dismissed the petition as successive. Kay appealed, and this court affirmed the district court's order in July 1991. The district court subsequently denied Kay's request for a certificate of probable cause. 5 Kay raised the same claim in his third petition for a writ of habeas corpus in the district court. A magistrate judge recommended that the district court dismiss the petition on the grounds that the claim was barred by the doctrine of res judicata and by the doctrine of the law of the case. 3d9ccd7d82
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