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CARY HARDEN-BEY, Plaintiff-Appellant, v. L. RUTTER, et al., Defendants-Appellees. |
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Appeal from the United States District Court
for the Western District of Michigan at Marquette.
No. 06-00007—R. Allan Edgar, District Judge.
Submitted: March 13, 2008
Decided and Filed: May 12, 2008
Before: MOORE, GILMAN, and SUTTON, Circuit Judges.
SUTTON, Circuit Judge. Cary Harden-Bey, an incarcerated pro se litigant, challenges the dismissal under § 1997e(c) of the Prison Litigation Reform Act of 1995, 42 U.S.C. § 1997e(c), of his § 1983 claims against several employees of the Michigan Department of Corrections. Because Harden-Bey has stated a cognizable due-process claim, we reverse that part of the district court’s order. And because he has failed to state a cognizable cruel-and-unusual-punishment claim under the Eighth (and Fourteenth) Amendment or a cognizable equal-protection claim under the Fourteenth Amendment, we affirm the remaining parts of the district court’s order.
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ROY B. JACKSON, Petitioner-Appellant, v. KENNETH T. MCKEE, Warden, Respondent-Appellee. |
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Appeal from the United States District Court
for the Eastern District of Michigan at Ann Arbor.
No. 05-60131—John Corbett O’Meara, District Judge.
Argued: May 1, 2008
Decided and Filed: May 12, 2008
Before: BATCHELDER, SUTTON, and FRIEDMAN, Circuit Judges.
SUTTON, Circuit Judge. A state court jury convicted Roy Jackson of felony murder, armed robbery and carrying a firearm during the commission of a felony. The Michigan Court of Appeals affirmed the felony-murder and firearm convictions and reversed the armed-robbery conviction. In reaching these conclusions, the state court denied Jackson’s claims that his confession was involuntary, that his Miranda waiver was not knowing or intelligent and that the admission of nontestimonial hearsay statements violated the Confrontation Clause. Because the state court decisions were neither contrary to, nor an unreasonable application of, Supreme Court precedent, we affirm the district court’s denial of Jackson’s habeas petition.