KYLE RAYMOND MILLIS, v. RANDEE REWERTS, Warden - Articles

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KYLE RAYMOND MILLIS, v. RANDEE REWERTS, Warden

Posted by: Azya Thornton on Jul 9, 2026

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Sophia Attie, Maya Chamra, NEW YORK UNIVERSITY, New York, New York, for Appellant.

Attorneys 2: ARGUED: Nicholas Johnson, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee.

Attorneys 3: ON BRIEF: Sophia Attie, Maya Chamra, Daniel Harawa, Adam Murphy, NEW YORK UNIVERSITY, New York, New York, for Appellant.

Attorneys 4: ON BRIEF: Nicholas Johnson, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee.

Judge(s): KETHLEDGE, NALBANDIAN, and RITZ, Circuit Judges

Court Appealed: United States District Court for the Western District of Michigan at Grand Rapids

RITZ, Circuit Judge. Kyle Millis was convicted of state crimes in Michigan. He pursued state postconviction relief, which tolled his one-year deadline for filing a federal habeas petition. But Millis received conflicting letters from the Michigan Supreme Court about the status of his postconviction petition, with the last one notifying him that his appeal had been “accepted for filing” and was “complete.” Five months later, Millis checked the status of his case, only to learn that the state had in fact dismissed his petition as untimely. By then, his window to timely file a federal habeas petition had closed. The district court denied Millis’s subsequent habeas petition as untimely, finding that it was plainly apparent that Millis was not entitled to equitable tolling of the statute of limitations. Millis now appeals. Because it is not plainly apparent from Millis’s petition that he is not entitled to relief, we reverse the district court and remand for further proceedings.

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