Luke A. Nickerson, Petitioner, v. Department of Community Health Center for Forensic Psychiatry, et al., Respondents, Case No. 16-cv-11151, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN, SOUTHERN DIVISION, 2016 U.S. Dist. LEXIS 50728, April 15, 2016, Decided, April 15, 2016, Filed
Mr. Nickerson was arrested because of failure to abide police officers at the scene of an accident and assault. Mr. Nickerson pled “not guilty” because of insanity and was sentenced to undergo an evaluation at the Center for Forensic Psychiatry. However, Mr. Nickerson was not admitted until almost a month later because of lack of space at the center. This case brought into light that Mr. Nickerson was held within the Center of Forensic Psychiatry beyond the legal sixty-day evaluation period.
Due to the incorrect filing of the petitioner, this case was dismissed. Instead of filing under Section 2254 of the United States District Court for the Eastern District of Michigan, Southern Division, the petitioner filed under Section 2241. Section 2254 is more specific to Mr. Nickerson’s situation. Mr. Nickerson had also not exhausted his state court remedies before pursuing a claim in federal court. Thus the petition is dismissed and a certificate of appealability is denied.
Forensic Summary by Kiana DelGrosso