Kamondai v. Arizona, State of et al

Filing 56

ORDER ADOPTING REPORT AND RECOMMENDATION. It is Ordered Petitioner's Motion to Attach [a] Letter [to Petitioner's] Objections [to the R&R] (Doc. 42 ) is granted. This Court accepts and adopts Magistrate Judge Pyle's R&R (Doc. 36 ) as the findings of fact and conclusions of law of this Court. Petitioner's Motion to Dismiss (Doc. 21 ) is denied. Petitioner's Motion for a Stay of Proceedings (Doc. 39 ) is denied as moot (see attached Order for complete details). Signed by Chief Judge Raner C Collins on 3/10/2016. (MFR)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Kamondai Richard Young,
Petitioner,

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ORDER

v.

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No. CV-14-00733-TUC-RCC (CRP)

Arizona, State of, et al.

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Respondent.

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Pending before the Court is Magistrate Judge Pyle’s Report and Recommendation

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(“R & R”) (Doc. 36) regarding Petitioner’s Motion to Dismiss (Doc. 21) and Petitioner’s

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Objections thereto (Doc. 41); Petitioner’s Motion for Reconsideration of [Petitioner’s]

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Motion to Dismiss (Doc. 40); Petitioner’s Motion for a Stay of Proceedings (Doc. 39);

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and Petitioner’s Request to Attach [a] Letter [to] Motion to Dismiss Recommendation re:

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41, Objection to Report and Recommendation (Doc.42).

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This Court grants Petitioner’s Motion to Attach [a] Letter …[to Petitioner’s]

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Objections [to the R&R] (Doc. 42), but concludes that none of the supplemental

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objections in Petitioner’s letter (Doc. 40) alter the Court’s position regarding Magistrate

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Judge Pyle’s R&R and or its decision regarding Petitioner’s Motion to Dismiss. For the

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following reasons, and over all of Petitioner’s objections (Docs 41 & 40), this Court

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accepts and adopts Magistrate Judge Pyle’s R & R (Doc. 36) as the findings of fact and

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conclusions of law of this Court. Petitioner’s Motion to Dismiss (Doc. 21) is denied.

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Moreover, Petitioner’s Motion for a Stay of Proceedings (Doc. 39) is denied as moot.

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I. Background

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A. Procedural History

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The following facts are supported by the record:

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On January 21, 2014 Petitioner Kamondai Young filed this action pursuant to 28

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U.S.C. §2254. Doc. 1. Petitioner is a state prisoner proceeding pro se and in forma

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pauperis. In his First Amended Petition Petitioner raises three grounds for relief: (1) that

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his Sixth Amendment confrontation rights were violated when the trial court permitted

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Deputy Ortiz to testify about an out-of-court conversation involving Elizabeth Freiya; (2)

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that the trial court improperly instructed and coerced the jury to continue deliberations

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after the jury foreperson informed the Court that the jury was unable to reach a verdict on

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one of the Counts Petitioner faced in his underlying Cochise County Superior Court

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Case; and (3) that evidence discovered after trial would have altered the verdict and/or

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sentence he received in the underlying criminal matter. Doc. 8.

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On October 14, 2014, this Court ordered Charles Ryan and the Arizona Attorney

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General to respond to Petitioner’s First Amended Petition within 40 days of receipt of

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service. Doc 9. The matter was referred to Magistrate Judge Pyle for further proceedings

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pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure. Id. Service on

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the Respondents was executed on October 20, 2014 and October 21, 2014. Docs. 10, 11.

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Respondents filed a timely, limited answer on November 17, 2014 requesting

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Petitioner’s claims be denied as untimely and further requesting dismissal with prejudice.

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Doc. 13. Respondents also sought leave to file a supplemental answer addressing the

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merits of the Petition in the event the Court reject[ed] their limited affirmative defenses.

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Id. Petitioner requested an extension of time to file a reply on December 18, 2014 (prior

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to the expiration of his time to reply) citing obstacles he was encountering while

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attempting to research and draft his reply. Judge Pyle, finding good cause for Petitioner’s

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request, extended his time to file a reply until January 20, 2015. Doc. 15. Petitioner did

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file a pleading on the January 20, 2015 deadline, however it was not a reply. (Doc. 16).

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According to Petitioner’s pleading of January 20, 2015, he had been transferred to

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Yuma County Detention Center on December 31, 2014 in connection with new charges

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in an unrelated matter. Doc. 16. Petitioner asserted that, as a result of the transfer, he did

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not receive a copy of the Court’s Order dictating he should file his reply on or before

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January 20, 2015 (Doc. 15) until he received his forwarded mail on January 15, 2015. Id.

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Further, Petitioner complained that he had already started his reply prior to his transfer

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but that he had been prohibited from bringing said reply and all attendant legal research

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when he was moved to the Yuma facility. Id. Petitioner explicitly requested the Court

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order his “legal work box” and its contents be sent to him at the Yuma County Detention

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Center. Id.

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Judge Pyle set the matter for a telephonic status conference so that the parties

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could discuss the circumstances described in Petitioner’s January 20, 2015 motion. Doc.

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17. The hearing was not recorded and the Court’s reporter was not present, however

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Petitioner and Counsel for the Respondents appeared telephonically. Doc. 18. The

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Minute Entry from the February 19, 2015 hearing reflects that Magistrate Judge Pyle

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granted Petitioner’s request that the Court to order the Department of Corrections to send

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him his legal work box at the Yuma facility. Id. Magistrate Judge Pyle also confirmed

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that the Petitioner was proceeding pursuant to his Amended Petition (Doc. 8). Id. The

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Court ordered that Respondents would have until March 11, 2015 to file an Amended

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Answer addressing Petitioner’s Amended Petition and that Petitioner would have until

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March 31, 2015 to file a Reply, should he chose to do so (though, the order noted the

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Court would adjust this deadline based upon the status of Petitioner’s access to his

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forthcoming legal materials). Id.

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On March 10, 2015, before the expiration of the deadline for Respondent’s to file

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their Amended Answer, Magistrate Judge Pyle issued an order staying this matter, sua

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sponte, until such time as it could be determined whether Petitioner would remain at the

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Yuma facility to face new state court charges (or whether Petitioner would be returned to

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ADOC custody in Florence). Doc. 19. The record does not reflect that a copy of this

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Order was mailed to the Petitioner.

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On April 13, 2015 Magistrate Judge Pyle issued another order, sua sponte, setting

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the matter for a telephonic status conference on April 28, 2015. Doc. 20. A copy of this

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Order was mailed to Petitioner. The next day, however, the Clerk of the Court docketed

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a Motion to Dismiss (Doc. 21) that had signed by Petitioner on April 7, 2015.

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Magistrate Judge Pyle denied Petitioner’s Motion to Dismiss (Doc. 23), but

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ultimately vacated that order in favor of submitting a Report and Recommendation (the

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instant R&R) to this Court. Doc. 35. Respondent filed timely objections to the R&R

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(Doc. 41), as well as a request to supplement his Objections to the R&R with a letter to

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the Court (Doc. 42). No letter to the Court was attached to Petitioner’s Request to

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Supplement (Doc. 42), however, Petitioner did identify the referenced letter by name.

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See Doc. 42 at 1. Said letter (Doc. 40), which was apparently filed in response to the

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June 5, 2015 telephonic hearing and before Petitioner filed his request to supplement his

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objection(s) to the R&R, was docketed by the Clerk of the Court as a Motion. However,

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in light of Petitioner’s express request that this Court admit and construe this letter as a

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supplemental objection to the R&R (Doc. 42 at 1), this Court will construe it as such.

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Finally, Petitioner filed a Motion seeking a stay in this matter until such time as
this Court could issue a ruling on Petitioner’s Motion to Dismiss. Doc. 39.

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B. Petitioner’s Motion to Dismiss

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On March 14, 2015 Petitioner filed a Motion entitled “Motion to Dismiss.” Doc.

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21. In actuality, the relief sought by Petitioner by and through this pleading is entry of

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default judgement in his favor. See, Id. Petitioner argues that such relief is appropriate

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because Respondents did not file their amended answer on or before March 11, 2015, the

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deadline set by the Court during the February 19, 2015 telephonic status conference. Id.

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In support of this argument, Petitioner cites the general rule that deadlines [set by the

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Court] are to be strictly adhered to and a section of the Court’s Order of June 10, 2014

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warning Petitioner that failure to comply with a Court order may result in dismissal of his

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action. Id. (citing Doc. 5).

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C. Magistrate Judge Pyle’s R&R

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Magistrate Judge Pyle noted the following well-settled, tenant: “[t]he failure to

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respond to claims raised in a petition for habeus corpus does not entitle the petitioner to a

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default judgement.” Doc. 36 (citing Gordan v. Duran, 895 F.2d 610, 612 (9th

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Cir.1990)(internal citations omitted)). He also observed that the Respondents did not, in

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fact, fail to comply with a Court ordered deadline because the Court stayed this matter

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prior to the expiration of Respondent’s deadline to file their answer to the Amended

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Petition. Id. at 3.

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II. ANALYSIS

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A. Standard of Review
Where the parties object to an R & R, “[a] judge of the [district] court shall make a

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de novo determination of those portions of the [R & R] to which objection is made.” 28

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U.S.C. § 636(b)(1); see Thomas v. Arn, 474 U.S. 140, 149-50 (1985). The Court will not

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disturb a magistrate judge’s order unless his factual findings are clearly erroneous or his

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legal conclusions are contrary to law. 28 U.S.C. § 636(b)(1)(A). “[T]he magistrate

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judge’s decision…is entitled to great deference by the district court.” U.S. v. Abonce-

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Barrera, 257 F.3d 959, 969 (9th Cir. 2001).

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B. Petitioner’s Objections

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(i) Objections (Doc. 41)

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Petitioner raises several objections to the R&R, though none address Magistrate

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Judge Pyle’s citation to the holding in Gordan. Nor does Petitioner point to evidence

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undermining the Magistrate Judge Pyle’s observation that Respondent’s deadline was

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suspended as a result of the March 10, 2015 stay order. Instead, Petitioner uses these

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objections to contest the appropriateness of Magistrate Judge Pyle’s order temporarily

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staying proceedings in this case. Petitioner cites no support for his contention that entry

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of default judgment in his favor (and against Respondent) is an appropriate remedy for an

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allegedly improper stay order.

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(ii) Supplemental Objections (Docs. 42, 40)

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By and through Petitioner’s Request to Attach Letter of Motion to Dismiss

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Recommendation (Doc. 42), Petitioner seeks to supplement his objections to the R&R

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with a letter addressed to this Court. Though no copy of the referenced letter was

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attached to Petitioner’s request to supplement, only one letter was received by the Court

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that meets Petitioner’s description. Said letter (Doc. 40), dated June 15, 2015, recites

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Petitioner’s interpretation of the procedural events that occurred in this matter.

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Petitioner’s letter also makes several of the same objections to the R&R seen in Doc. 41.

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That is, Petitioner argues that Magistrate Judge Pyle’s sua sponte stay order amounted to

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“prejudice in fact,” because it altered the deadline by which Respondents were to file

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their answer to his Amended Petition, thereby frustrating Petitioner’s ability to capitalize

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on what would have been, hypothetically, an untimely pleading. Id. at 8. Once again,

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Petitioner cites no support for his ultimate contention that entry of default judgment in his

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favor (and against Respondent) is an appropriate remedy for an allegedly improper stay

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order.

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C. Analysis of Petitioner’s Objections

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Respondent has appeared in this case and has actively defended against

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Petitioner's habeas petition. See, cf. Rule 55(a) of the Federal Rules of Civil Procedure

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(default judgment is appropriate when a party “has failed to plea or otherwise defend.”).

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Additionally, and contrary to Petitioner's assertion, Respondent's Answer was timely as

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the deadline for filing was suspended by Magistrate Judge Pyle’s March 10, 2015 stay

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order. Moreover, and more importantly, even if Respondent had completely failed to

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respond in any meaningful fashion, the Ninth Circuit has determined that “[t]he failure to

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respond to claims raised in a petition for habeas corpus does not entitle the petitioner to a

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default judgment.” Gordon, 895 F.2d at 612.

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Neither Petitioner’s complaints concerning any clerical error, nor Petitioner’s

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arguments regarding the appropriateness of the Magistrate Judge Pyle’s March 10, 2015

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stay order, are relevant to the relief sought in his Motion to Dismiss.

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After a thorough and de novo review of the record and issues raised by and
through Petitioner’s Motion to Dismiss (and all attendant pleadings), the Court agrees

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with Magistrate Judge Pyle’s recommendation that Petitioner’s Motion to Dismiss

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(Doc.21) should be denied.

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Accordingly,

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IT IS ORDERED

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(1)

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R&R] (Doc. 42) is granted, however;

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(2)

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arguments in Petitioner’s Motion for Reconsideration (Doc. 40) as a recitation of

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supplemental objections to Magistrate Judge Pyle’s R&R, for the reasons laid forth in

Petitioner’s Motion to Attach [a] Letter … [to Petitioner’s] Objections [to the

While Court has, pursuant to Petitioner’s request (Doc. 42), construed the

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Section C of this Order, and over all Petitioners objections (Docs. 40 and 41)…

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(3)

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findings of fact and conclusions of law of this Court.

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(4)

Petitioner’s Motion to Dismiss (Doc. 21) is denied.

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(5)

Petitioner’s Motion for a Stay of Proceedings (Doc. 39) is denied as moot.

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(6)

This matter is referred back to Magistrate Judge Charles R. Pyle pursuant to Rules

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72.1 and 72.2 of the Local Rules of Civil Procedure for further proceedings and a report

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and recommendation. The Clerk of the Court shall docket this matter Case No. 4:14-cv-

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00733-RCC (CRP).

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This Court accepts and adopts Magistrate Judge Pyle’s R&R (Doc. 36) as the

Dated this 10th day of March, 2016.

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