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Bradley v. Adams

United States District Court, S.D. Georgia, Statesboro Division

January 10, 2019

MICHAEL PAUL BRADLEY, Petitioner,
v.
WARDEN ROBERT ADAMS, JR.; and STATE OF GEORGIA, Respondents.

          ORDER AND MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

          BENJAMIN W. CHEESBRO UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA

         Petitioner Michael Bradley (“Bradley”), who is currently incarcerated at Jenkins Correctional Facility in Millen, Georgia, filed a handwritten 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus, as amended, challenging his convictions obtained in the Superior Courts of Morgan County and Greene County, Georgia.[1] Docs. 1, 4. Bradley also filed two motions to proceed in forma pauperis and a motion for a writ of habeas corpus ad testificandum. Docs. 2, 5, 6. For the following reasons, I DENY Bradley's motions. Additionally, I RECOMMEND the Court DISMISS Bradley's Petition, DIRECT the Clerk of Court to CLOSE this case and enter the appropriate judgment of dismissal, and DENY Bradley in forma pauperis status on appeal.

         BACKGROUND

         Bradley was indicted in Greene County, Georgia, on April 24, 1996, for kidnapping with bodily injury, aggravated assault, and criminal attempt to commit theft by taking a motor vehicle. Doc. 1-3 at 12-14. Bradley pleaded guilty to all three offenses on February 16, 1998, and was sentenced to life imprisonment plus 20 years. Doc. 1-3 at 15. Bradley did not file a direct appeal. Bradley v. Barrow, No. 3:10-cv-31(CDL), 2010 WL 4682656, at *1 (M.D. Ga. Oct. 14, 2010).

         Additionally, Bradley was indicted in Morgan County, Georgia, on June 3, 1996, for felony murder while in commission of a kidnapping, armed robbery of a motor vehicle, and hijacking a motor vehicle. Doc. 1-3 at 3. A jury convicted him on all counts on July 17, 1997, and sentenced Bradley the next day to two consecutive life sentences on the felony murder and armed robbery counts and to 20 consecutive years for hijacking a motor vehicle. Bradley v. State, 533 S.E.2d 727, 728 n.1 (Ga. 2000); Doc. 1-3 at 6. After the Morgan County trial court denied his motion for a new trial, Bradley filed an appeal with the Georgia Supreme Court. Bradley, 533 S.E.2d at 728. The Georgia Supreme Court affirmed Bradley's conviction for felony murder but determined the venue “was not properly laid in Morgan County” for armed robbery of a motor vehicle and hijacking of a motor vehicle offenses. Id. at 729. The Georgia Supreme Court noted Bradley and his co-defendant forced the victim in her car at gunpoint in Greene County, Georgia, and ordered her to drive to Morgan County, where she was taken from her car and shot. Id. Thus, the Georgia Supreme Court found venue for armed robbery of a motor vehicle and hijacking of a motor vehicle charges was proper where the victim “lost ‘complete dominion'” over her vehicle, namely Greene County. Id. at 730. In addition, the Georgia Supreme Court found a re-trial on those charges where “venue is proper and proven[ ]” would not be barred because no jeopardy attached, and venue “does not go to the guilt or innocence of the defendant[.]” Id. (quoting Kimmel v. State, 404 S.E.2d 436 (Ga. 1991)). It does not appear Bradley was ever re-tried.

         Bradley then filed a § 2254 petition in the Northern District of Georgia on December 22, 2000. Pet., Bradley v. Thompson, 1:00-cv-03421 (N.D.Ga. Dec. 22, 2000), ECF No. 1. Upon motion, the Northern District of Georgia dismissed Bradley's petition without prejudice based on his failure to exhaust his state court remedies. R. & R. & Order, Bradley v. Thompson, 1:00-cv-03421 (N.D.Ga. May 24 & June 25, 2001), ECF Nos. 9, 10.

         On October 22, 2007, Bradley filed an application for writ of habeas corpus in the Superior Court of Washington County, Georgia, to challenge his Greene County convictions, which was denied on February 6, 2009. Bradley, 2010 WL 4682656, at *1. Bradley filed an application for certificate of probable cause to appeal the denial of his state habeas action, and the Georgia Supreme Court denied him relief. Id.

         On October 26, 2007, Bradley filed an application for writ of habeas corpus in the Superior Court of Washington County, Georgia, to challenge his Morgan County conviction for felony murder, which was denied on February 18, 2009. R. & R., Bradley v. Barrow, 3:10-cv-33 (M.D. Ga. Oct. 14, 2010), ECF No. 18. Bradley filed an application for certificate of probable cause to appeal the denial of his state habeas action, and the Georgia Supreme Court denied him relief. Id.

         Bradley filed a § 2254 petition in the Middle District of Georgia on April 28, 2010, challenging his Greene County convictions. Pet., Bradley v. Barrow, 3:10-cv-00031-CDL (M.D. Ga. May 10, 2010), ECF No. 1. Upon the respondent's motion, the Middle District of Georgia court dismissed Bradley's petition as being untimely filed. Mot., Bradley v. Barrow, 3:10-cv-00031-CDL (M.D. Ga. Aug. 15, 2010), ECF No. 15. The Middle District of Georgia court found Bradley had to have filed a federal habeas petition no later than March 18, 1999, to be timely filed, and by the time Bradley filed his state habeas action in 2007, the statute of limitations applicable to § 2254 petitions “had long since expired.” R. & R., Bradley v. Barrow, 3:10-cv-00031-CDL (M.D. Ga. Oct. 14, 2010), ECF No. 18, p. 2. This recommendation was adopted as the opinion of the Court. Order, Bradley v. Barrow, 3:10-cv-00031-CDL (M.D. Ga. Nov. 8, 2010), ECF No. 19. Bradley filed a notice of appeal and motion for certificate of appealability. The Eleventh Circuit Court of Appeals denied Bradley a certificate of appealability and, in so doing, stated, “Although the one-year limitations period for filing his § 2254 habeas petition expired in March 1999, Bradley did not file his petition until April 2010[] and did not demonstrate that the limitations period should have been statutorily or equitably tolled.” Mandate, Bradley v. Barrow, 3:10-cv-00031-CDL (M.D. Ga. June 8, 2011), ECF No. 30, p. 1. The United States Supreme Court denied certiorari. Letter, Bradley v. Barrow, 3:10-cv-00031-CDL (M.D. Ga. Dec. 14, 2011), ECF No. 31, p. 2.

         Bradley also filed another § 2254 petition in the Middle District of Georgia on April 28, 2010, challenging his Morgan County convictions. Pet., Bradley v. Barrow, 3:10-cv-00033-CDL (M.D. Ga. May 10, 2010), ECF No. 1. Upon the respondent's motion, the Middle District of Georgia court dismissed Bradley's petition as being untimely filed and found Bradley had to have filed a federal habeas petition no later than one year after December 10, 2000, the date his Morgan County conviction became “final” to be considered timely filed. R. & R., Bradley v. Barrow, 3:10-cv-00033-CDL (M.D. Ga. Oct. 14, 2010), ECF No. 18, p. 3. The Magistrate Judge recommended Bradley's § 2254 motion be dismissed as untimely filed, and this recommendation was adopted as the opinion of the Court. Order, Bradley v. Barrow, 3:10-cv-00033-CDL (M.D. Ga. Nov. 8, 2010), ECF No. 19. Bradley filed a notice of appeal and motion for certificate of appealability. The Eleventh Circuit denied Bradley a certificate of appealability. Mandate, Bradley v. Barrow, 3:10-cv-00033-CDL (M.D. Ga. Apr. 4, 2011), ECF No. 30, p. 1. The United States Supreme Court denied certiorari. Letter, Bradley v. Barrow, 3:10-cv-00033-CDL (M.D. Ga. Dec. 14, 2011), ECF No. 31, p. 2.

         Bradley is serving his imposed life sentence and is currently incarcerated at Jenkins Correctional Facility. Bradley filed his § 2241 Petition on May 31, 2018. Doc. 1. Less than three weeks later, Bradley filed an “extraordinary motion for new trial” with the Superior Court of Morgan County, and that court denied Bradley's motion. Doc. 4 at 12, 14-23, 24.

         DISCUSSION

         Bradley makes the following allegations in his Petition: (1) the arrest warrants for his charged crimes were obtained without probable cause; (2) the district attorney violated the “indictment procedure” and his right to due process; and (3) the trial judge permitted his prosecution to be handled in such a way that the trial court's jurisdiction was “impair[ed.]” Doc. 1 at 5, 7, 9. In general, Bradley contends his convictions and sentences obtained in both Greene and Morgan counties violated his constitutional rights and the laws of Georgia. Id. at 15-18; Doc. 4 at 5-9.

         I. Whether Bradley Can ...


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