Davis v. Arpaio et al

Filing 13

ORDER - (1) Petitioner's Application to Proceed In Forma Pauperis (Doc. 9 ) is granted. (2) Petitioner's motion for expedited ruling is granted. (Doc. 11 .) (3) The Petition and this action are dismissed without prejudice. (Doc. 1 .) (4 ) Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, in the event Petitioner files an appeal, the Court declines to issue a certificate of appealability because reasonable jurists would not find the Court's procedural ruling debatable. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). (See document for further details). Signed by Judge Douglas L Rayes on 7/9/14. (LAD)

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1 2 SC WO 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Michael Dean Davis, 10 No. CV 14-0319-PHX-DLR (MEA) Petitioner, 11 vs. 12 Joseph M. Arpaio, et al., ORDER 13 Respondents. 14 15 Petitioner Michael Dean Davis, who is confined in the Fourth Avenue Jail in 16 Phoenix, Arizona, has filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 17 U.S.C. § 2254 and an Application to Proceed In Forma Pauperis. (Doc. 1, 9.) Petitioner 18 recently filed a motion for expedited ruling, which will be granted to the extent set forth 19 herein. For the reasons discussed herein, the Court will dismiss the Petition and this 20 action. 21 I. Application to Proceed In Forma Pauperis 22 Petitioner’s Application to Proceed In Forma Pauperis indicates that his inmate 23 trust account balance is less than $25.00. Accordingly, the Application to Proceed In 24 Forma Pauperis will be granted. See LRCiv 3.5(b). 25 II. Petition 26 Petitioner is charged in Maricopa County Superior Court in two cases, case ## 27 CR2012-134932 and CR2012-139029, with resisting arrest and false reporting to law 28 1 enforcement with an offense date of July 1, 20121 and trafficking in stolen property and 2 theft of the means of transportation with an offense date of January 21, 2012.2 Trial is 3 currently scheduled to begin on August 5, 2014.3 4 In his Petition, Petitioner names Joseph M. Arpaio as Respondent and the Arizona 5 Attorney General as an Additional Respondent. 6 wrongfully detained and falsely arrested. 7 preliminary hearing warranting his release under state law. Petitioner also seeks the 8 dismissal of his pending criminal charges with prejudice. 9 III. Petitioner asserts that he has been He asserts that he was denied a timely Federal Habeas Relief 10 Petitioner seeks federal habeas relief under 28 U.S.C. § 2254 concerning pending 11 state criminal proceedings. A challenge to pretrial incarceration may be properly brought 12 under 28 U.S.C. § 2241, rather than 28 U.S.C. § 2254. McNeeley v. Blanas, 336 F.3d 13 822, 824 n.1 (9th Cir. 2003). Section 2241(c)(3) provides that “the writ of habeas corpus 14 [extends to persons who are] ... in custody in violation of the Constitution or laws or 15 treaties of the United States ....” However, “federal habeas relief does not lie, absent 16 ‘special circumstances,’ to adjudicate the merits of an affirmative defense to a state 17 criminal charge prior to a judgment of conviction by a state court.” See Braden v. 30th 18 Judicial Circuit Court of Kentucky, 410 U.S. 484, 489 (1973) (emphasis added); Carden 19 v. Montana, 626 F.2d 82, 83-85 (9th Cir. 1980) (explaining that for reasons of comity, a 20 pretrial detainee must show special circumstances, in addition to the merits of a speedy 21 trial claim, warranting federal intervention in state criminal proceedings and noting that 22 “unlike the Double Jeopardy Clause, the Speedy Trial Clause, when raised as an 23 affirmative defense, does not embody a right which is necessarily forfeited by delaying 24 25 26 27 28 1 See http://www.superiorcourt.maricopa.gov/docket/CriminalCourtCases/case Info.asp?caseNumber=CR2012-134932 (last visited June 27, 2014). 2 See http://www.superiorcourt.maricopa.gov/docket/CriminalCourtCases/case Info.asp?caseNumber=CR2012-139029 (last visited June 27, 2014). 3 See http://www.courtminutes.maricopa.gov/docs/Criminal/062014/m6359209. pdf (last visited June 27, 2014). -2- 1 review until after trial.”); accord Brown v. Ahern, 676 F.3d 899, 900-901 (9th Cir. 2012); 2 see Politano v. Miller, No. Civil 08-238, 2008 WL 906300, at *4-5 (D. Minn. Mar. 31, 3 2008) (finding alleged speedy trial violation did not constitute special circumstance 4 within Braden where petitioner sought dismissal of criminal charges, rather than 5 immediate trial, and had not exhausted claim). 6 Further, the abstention doctrine set forth in Younger v. Harris, 401 U.S. 37 (1971), 7 prevents a federal court in most circumstances from directly interceding in ongoing state 8 criminal proceedings. The Younger abstention doctrine also applies while a case works 9 its way through the state appellate process, if a prisoner is convicted. New Orleans Pub. 10 Serv., Inc. v. Council of City of New Orleans, 491 U.S. 350, 369 (1989). Only in limited, 11 extraordinary circumstances will the Younger doctrine not bar federal interference with 12 ongoing (non-final) state criminal proceedings. Such circumstances include when a 13 prisoner alleges that he is being subjected to double jeopardy. See Mannes v. Gillespie, 14 967 F.2d 1310, 1312 (9th Cir. 1992). Speedy trial claims may also be reviewed if a 15 detainee is seeking to compel the state to bring him to trial, rather than seeking dismissal 16 of the charges, and the detainee has exhausted all of his state court remedies. Braden, 17 410 U.S. at 489-90; see In re Justices of Superior Court Dep’t of Mass. Trial Court, 218 18 F.3d 11, 18 & n.5 (1st Cir. 2000); see also Humphrey v. Plummer, 840 F. Supp.2d 1040, 19 1043 (S.D. Ohio 2011). 20 Because Petitioner seeks relief as to his pending state criminal charges, the Court 21 construes his Petition as seeking relief under 28 U.S.C. § 2241. So construed, his Petition 22 will be denied. Petitioner has not alleged any ground that falls within the very limited 23 circumstances in which a federal court may intercede in ongoing state criminal 24 proceedings under the Younger doctrine. He does not assert a violation of the Fifth 25 Amendment’s Double Jeopardy Clause, or facts to support such violation, nor does he 26 allege that his speedy trial rights have been violated. 27 dismissal of his state criminal charges and his immediate release. Because Petitioner has 28 not asserted a basis for a federal court to interfere in his pending state criminal -3- Rather, Petitioner seeks the 1 proceedings, his Petition and this action will be dismissed. 2 IT IS ORDERED: 3 (1) Petitioner’s Application to Proceed In Forma Pauperis (Doc. 9) is granted. 4 (2) Petitioner’s motion for expedited ruling is granted. (Doc. 11.) 5 (3) The Petition and this action are dismissed without prejudice. (Doc. 1.) 6 (4) Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, in the 7 event Petitioner files an appeal, the Court declines to issue a certificate of appealability 8 because reasonable jurists would not find the Court’s procedural ruling debatable. See 9 Slack v. McDaniel, 529 U.S. 473, 484 (2000). 10 Dated this 9th day of July, 2014. 11 12 13 14 15 Douglas L. Rayes United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 -4-

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