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SANDRA ALBRIGHT,
Plaintiff-Appellant,
v.
CARL CHRISTENSEN, M.D.; CHRISTENSEN RECOVERY
SERVICES; CARL W. CHRISTENSEN, M.D., PLLC,
Defendants-Appellees. |
No. 21-1046 |
Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 2:20-cv-11453—Laurie J. Michelson, District Judge.
Argued: July 21, 2021
Decided and Filed: January 31, 2022
Before: SILER, MOORE, and DONALD, Circuit Judges.
_________________________
OPINION
_________________________
KAREN NELSON MOORE, Circuit Judge. Sandra Albright asked Dr. Carl W.
Christensen to treat her opioid addiction. Christensen administered three drugs that allegedly
caused Albright severe emotional and physical harm. Albright (an Ohio citizen) sued
Christensen (a Michigan citizen) and his practice in federal court. Defendants would have us
apply Michigan’s affidavit-of-merit and presuit-notice rules for medical-malpractice actions in
this diversity action; Albright insists that her claims sound in negligence and that these rules do
not apply in the federal courts. We must confront two well-known cases—Erie Railroad Co. v.
Tompkins, 304 U.S. 64 (1938), and Hanna v. Plumer, 380 U.S. 460 (1965)—to resolve this
classic civil-procedure conundrum. We agree with Defendants that Albright has asserted a
medical-malpractice claim. Hanna, however, requires us to hold that the Federal Rules of Civil
Procedure conflict with Michigan’s affidavit-of-merit and presuit-notice requirements. These
state rules therefore do not apply in diversity cases in federal court. Because the district court
mistakenly invoked Erie and applied the presuit-notice rule in Albright’s case, we REVERSE
and REMAND. |
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MICHAEL LEE JOHNSON,
Defendant-Appellant. |
No. 19-2418 |
Appeal from the United States District Court
for the Eastern District of Michigan at Bay City.
No. 1:18-cr-20794-1—Thomas L. Ludington, District Judge.
Argued: July 21, 2021
Decided and Filed: January 31, 2022
Before: SILER, MOORE, and DONALD, Circuit Judges.
_________________________
OPINION
_________________________
BERNICE BOUIE DONALD, Circuit Judge. Michael Lee Johnson was indicted for
unlawful imprisonment, assault of a domestic partner by strangulation and suffocation, interstate
domestic violence, witness tampering, and assault, in violation of 18 U.S.C. §§ 13, 113(a)(8),
113(a)(4), 2261(a), and 1512(b). A jury found Johnson guilty on all counts, and he was
sentenced to 864 months’ imprisonment, followed by four years of supervised release. Johnson
now challenges his conviction and sentence. For the reasons set forth below, we REVERSE and
REMAND. |
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IN RE: ROBIN RICK MANNING,
Movant. |
No. 21-2682 |
On Motion for Leave to File a Second or Successive Habeas Corpus Petition.
United States District Court for the Western District of Michigan at Marquette.
No. 2:00-cv-00155—Gordon J. Quist, District Judge.
Decided and Filed: January 5, 2022*
Before: GUY, DONALD, and MURPHY, Circuit Judges.
_________________________
ORDER
_________________________
Robin Rick Manning, a Michigan prisoner proceeding pro se, moves this court for an
order authorizing the district court to consider a second or successive petition for a writ of habeas
corpus under 28 U.S.C. § 2254. See 28 U.S.C. § 2244(b).
. . .
Accordingly, we DENY Manning’s motion for an order authorizing the district court to
consider a second or successive habeas petition. |
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