Morris Thomas v. United States, 888 F.2d 1392 (6th Cir. 1989). · Go Syfert
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Morris Thomas v. United States, 888 F.2d 1392 (6th Cir. 1989). Cases Citing This Book View Copy Cite
38 citation events (3 in the last 25 years) across 5 distinct courts.
Strongest positive: Commissioner of Insurance of Michigan v. DMD Kyoto Plaza Shopping Center, L.L.C. (miwd, 1998-12-31)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited "see" Commissioner of Insurance of Michigan v. DMD Kyoto Plaza Shopping Center, L.L.C.
W.D. Mich. · 1998 · signal: see · confidence high
See McDonough Caperton Shepherd Group, Inc. v. Academy of Medicine, 888 F.2d 1392 , Nos. 89-3045 and 89-3163, 1989 WL 128675 , at **4-5 (6th Cir. Oct.30, 1989) (district court did not err in refusing to dismiss interpleader action on abstention grounds based on pendency of New York liquidation proceedings, where plaintiff was in possession of funds and any part of the res determined to belong to insurer could be transferred to New York for inclusion in those proceedings). 8 Under the *732 circumstances, the Michigan court could not be deemed to have constructive control or possession of those …
discussed Cited "see" Scott Lee Tinsley v. United States (2×)
6th Cir. · 1997 · signal: see · confidence high
See United States v. Tinsley, 888 F.2d 1392 , 1989 WL 136097 (6th Cir. (Ky.)).
cited Cited "see" United States v. Rebecca Dumas (90-3111/3605) and Brian K. Reed (90-3130)
6th Cir. · 1991 · signal: see · confidence high
See United States v. Tanner, 888 F.2d 1392 (6th Cir.1989) (unpublished per curiam). 8 Second, Reed argues that his combined sentences of six years constitutes cruel and unusual punishment.
cited Cited "see" United States v. Dumas
6th Cir. · 1990 · signal: see · confidence high
See United States v. Tanner, 888 F.2d 1392 (6th Cir. 1989) (unpublished per curiam).
cited Cited "see" United States v. Rebecca Dumas (90-3111/3605) and Brian K. Reed (90-3130)
6th Cir. · 1990 · signal: see · confidence high
See United States v. Tanner, 888 F.2d 1392 (6th Cir.1989) (unpublished per curiam).
discussed Cited "see, e.g." MRCo, Inc. v. Juarbe-Jimenez
1st Cir. · 2008 · signal: see, e.g. · confidence low
See, e.g., McDonough Caperton Shepherd Group, Inc. v. Acad. of Med., Cleveland, 888 F.2d 1392 (6th Cir. 1989); Bryant v. United Shoreline Inc. Assurance Servs., N.A., 972 S.W.2d 26 (Tex.1998); Nova Ins.
discussed Cited "see, e.g." Johnson v. Jones
E.D. Mich. · 1995 · signal: see also · confidence low
See also Silva v. MacLaine, 697 F.Supp. 1423, 1430 (E.D.Mich.1988), aff'd, 888 F.2d 1392 (6th Cir.1989), cert. denied, 495 U.S. 905 , 110 S.Ct. 1925 , 109 L.Ed.2d 289 (1990); Pamfiloff v. Giant Records, Inc., 794 F.Supp. 933, 938-39 (N.D.Cal.1992).
Retrieving the full opinion text from the archive…
Morris Thomas
v.
United States
89-3235.
Court of Appeals for the Sixth Circuit.
Nov 8, 1989.
888 F.2d 1392
Unpublished

888 F.2d 1392

Unpublished Disposition
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.
Morris THOMAS, Petitioner-Appellant,
v.
UNITED STATES of America, Respondent-Appellee.

No. 89-3235.

United States Court of Appeals, Sixth Circuit.

Nov. 8, 1989.

Before KENNEDY and RYAN, Circuit Judges, and GEORGE CLIFTON EDWARDS, Jr., Senior Circuit Judge.

ORDER

1

Morris Thomas, a pro se federal prisoner, appeals the district court's order denying his 28 U.S.C. Sec. 2255 motion to vacate sentence. This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and the briefs, this panel unanimously agrees that oral argument is not needed. Fed.R.App.P. 34(a).

2

Petitioner, who has been incarcerated since 1949, is serving a total of 104 years imprisonment pursuant to guilty pleas to kidnapping and motor vehicle theft charges. This is Thomas's seventh motion to vacate in which he argues that he was unlawfully induced into pleading guilty to the charges and that the trial judge did not ascertain that his plea was knowing and voluntary. The district court, finding the motion to be frivolous, dismissed the action based on its successive nature. Petitioner appeals.

3

Upon consideration, we conclude that Thomas's motion to vacate sentence was properly denied as it is a successive motion which fails to allege new or different grounds for relief, and because the prior determination was on the merits. Rule 9(b), Rules Governing 28 U.S.C. Sec. 2255; Sanders v. United States, 373 U.S. 1, 15 (1963). In all of his motions, petitioner alleged that he was insane at the time of his trial and that his plea was obtained involuntarily. Nothing he now alleges, however, amounts to a new or different ground for relief. The district court properly found this to be a successive petition. See Moody v. United States, 580 F.2d 238, 239 (6th Cir.1978); cf. Lonberger v. Marshall, 808 F.2d 1169, 1173 (6th Cir.), cert. denied, 481 U.S. 1055 (1987).

4

Accordingly, the district court's order is hereby affirmed. Rule 9(b)(5), Rules of the Sixth Circuit.