Aram Hambardzumyan v. Mr. McDonald

Filing 4

ORDER TO SHOW CAUSE WHY PETITION SHOULD NOT BE DISMISSED by Magistrate Judge Paul L. Abrams. TO avoid dismissal, on or before March 27, 2017, petitioner must file a response to this Order. SEE ORDER FOR DETAILS. (Attachments: # 1 blank Notice of Dismissal, # 2 blank State Habeas Petition) (ch)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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ARAM HAMBARDZUMYAN,

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Petitioner,
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v.
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MR. McDONALD, Mayor of Los Angeles )
County Jail,
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Respondent.
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No. CV 17-1595-MWF (PLA)
ORDER TO SHOW CAUSE WHY PETITION
SHOULD NOT BE DISMISSED

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On February 16, 2017, Aram Hambardzumyan (“petitioner”) filed with this Court pages 1

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and 8 of a form Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28

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U.S.C. § 2254 (“Petition” or “Pet.”), along with two attachments.1

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A.

THE PETITION FAILS TO STATE A CLAIM

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Under 28 U.S.C. § 2254(a), petitioner may only seek habeas relief if he is contending that

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he is in custody pursuant to a state court judgment and in violation of the Constitution or laws or

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Although petitioner references a previous “Habeas Corpus § 1983 civil suit” he “placed in
[the Court’s] care about a year ago,” the Court has no record of any other action previously filed
by petitioner. (Id.).

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treaties of the United States. See Estelle v. McGuire, 502 U.S. 62, 67-68, 112 S. Ct. 475, 116

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L. Ed. 2d 385 (1991) (“In conducting habeas review, a federal court is limited to deciding whether

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a conviction violated the Constitution, laws, or treaties of the United States.”); Smith v. Phillips, 455

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U.S. 209, 221, 102 S. Ct. 940, 71 L. Ed. 2d 78 (1982) (“A federally issued writ of habeas corpus,

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of course, reaches only convictions obtained in violation of some provision of the United States

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Constitution.”). Rule 2 of the Rules Governing Section 2254 Cases in the United States District

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Courts (“Habeas Rule 2”) requires that a petitioner specify all the grounds for habeas relief as well

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as the facts supporting each ground. Habeas Rule 2(c). A petitioner is required to set forth a

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“detailed statement” explaining his habeas claims. See Mayle v. Felix, 545 U.S. 644, 649, 125 S.

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Ct. 2562, 162 L. Ed. 2d 582 (2005) (“[Habeas] Rule 2(c) . . . requires a . . . detailed statement.

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The habeas rule instructs the petitioner to ‘specify all the grounds for relief available to [him]’ and

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to ‘state the facts supporting each ground.’”).

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Here, although not entirely clear, petitioner appears to be a pre-trial detainee incarcerated

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at the Los Angeles County Jail, awaiting his state court trial. (See Pet. Attach. A at 1). Indeed,

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petitioner states that he has not yet been prosecuted or sentenced and that he is being sent by

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the state court judge to Patton State Hospital for mental health evaluation. (Id.). In Attachment

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A to the Petition, addressed to the Clerk of the Court, petitioner also states that he does not know

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whether he is being scheduled for a competency trial or “even a regular trial” in his state court

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proceedings. (Pet. Attach. A at 2). He notes that during a state court hearing, the judge found him

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in contempt of court when he stopped talking to her because he could not answer her questions.

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(Id.). He generally submits that the state court judge’s actions violate his Sixth Amendment rights

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and discriminate against him by placing a “bearing of [his] mental illness in legal affair.” (Id.). He

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also makes a vague reference to his counsel’s assistance. (Pet. Attach. A at 1).

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Because petitioner fails to specify separately and concisely each claim he seeks to raise

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herein against respondent, petitioner presents no cognizable federal claim -- either in the

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incomplete Petition itself or in the attachments to the Petition. In short, the Court is unable to

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discern what federal constitutional claim(s) (if any) petitioner is alleging, or even whether he is

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entitled to federal habeas relief at this stage of his state court proceedings.

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B.

THE YOUNGER ABSTENTION DOCTRINE

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Because petitioner’s state court criminal proceedings appear to be ongoing and there has

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been no state court judgment, the Younger2 abstention doctrine is implicated. Younger abstention

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is appropriate when: (1) the state court proceedings are ongoing; (2) the proceedings implicate

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important state interests; and (3) the state proceedings provide an adequate opportunity to raise

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federal questions. Middlesex Cnty. Ethics Comm. v. Garden State Bar Ass’n, 457 U.S. 423, 431,

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102 S. Ct. 2515, 73 L. Ed. 2d 116 (1982); Baffert v. Cal. Horse Racing Bd., 332 F.3d 613, 617 (9th

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Cir. 2003). Here, because it appears that the state appellate courts have not yet had the

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opportunity to examine the merits of petitioner’s constitutional claims, this Court must abstain from

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intervening in the ongoing state criminal proceedings absent extraordinary circumstances.

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Younger, 401 U.S. at 46; see also San Jose Silicon Valley Chamber of Commerce Political Action

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Comm. v. City of San Jose, 546 F.3d 1087, 1092 (9th Cir. 2008). Petitioner has not demonstrated

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that extraordinary circumstances or any recognized exception to the Younger doctrine are present

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or applicable in this case.

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Thus, even if petitioner’s claims were clear -- which, as discussed above, they are not --

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because the state court proceedings are still ongoing it appears that this Court lacks jurisdiction

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to consider the Petition.

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Younger v. Harris, 401 U.S. 37, 46, 91 S. Ct. 746, 27 L. Ed. 2d 669 (1971).
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C.

OTHER DEFICIENCIES

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As petitioner admits in a letter attached to his Petition addressed to the “Pro se Clerk and

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Court,” the Petition is not complete and petitioner did not include form pages 2 through 7, which

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petitioner contends do not pertain to him because he has “not been sentenced or convicted yet.”

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(Pet. Attach. B at 2). He notes that although he has read the Georgetown Law Review, he still

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does not “know how to explain to [the] Court . . . what [he is] entitled to,” but seems to think there

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has been some sort of due process violation during his state court proceedings. (Id.).

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Local Rule 83-16.1 requires that a petition for writ of habeas corpus “be submitted on the

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forms approved and supplied by the Court.” Habeas forms are a procedural device which

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significantly aid the Court in processing the numerous habeas petitions presented to the Court.

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The habeas form used by the Central District of California is designed to aid petitioner to present

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the relevant information regarding his habeas claim(s) in a “simple, concise, and direct” manner,

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as required by Rule 8(d) of the Federal Rules of Civil Procedure. As previously discussed, in

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failing to submit a full and complete habeas form, petitioner failed to specify separately and

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concisely each claim he seeks to raise herein against the named respondent. See also Local Rule

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83-16.1.

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Additionally, by omitting pages 2 through 8 of the form petition, petitioner failed to indicate

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if he has exhausted any alleged claims. As a matter of comity, a federal court will not entertain

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a habeas corpus petition unless the petitioner has exhausted the available state judicial remedies

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on every ground presented in the petition. Rose v. Lundy, 455 U.S. 509, 518-22, 102 S. Ct. 1198,

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71 L. Ed. 2d 379 (1982). The habeas statute explicitly provides that a habeas petition brought by

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a person in state custody “shall not be granted unless it appears that -- (A) the applicant has

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exhausted the remedies available in the courts of the State; or (B)(i) there is an absence of

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available State corrective process; or (ii) circumstances exist that render such process ineffective

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to protect the rights of the applicant.” 28 U.S.C. § 2254(b)(1). Moreover, if the exhaustion

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requirement is to be waived, it must be waived expressly by the state, through counsel. See 28

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U.S.C. § 2254(b)(3).

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Exhaustion requires that petitioner’s contentions be fairly presented to the state supreme

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court even if that court’s review is discretionary. O’Sullivan v. Boerckel, 526 U.S. 838, 845-47, 119

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S. Ct. 1728, 144 L. Ed. 2d 1 (1999); James v. Giles, 221 F.3d 1074, 1077 n.3 (9th Cir. 2000).

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Petitioner must give the state courts “one full opportunity to resolve any constitutional issues by

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invoking one complete round of the State’s established appellate review process” in order to

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exhaust his claims. O’Sullivan, 526 U.S. at 845. A claim has not been fairly presented unless the

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prisoner has described in the state court proceedings both the operative facts and the federal legal

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theory on which his claim is based. See Duncan v. Henry, 513 U.S. 364, 365-66, 115 S. Ct. 887,

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130 L. Ed. 2d 865 (1995); Johnson v. Zenon, 88 F.3d 828, 830 (9th Cir. 1996). Petitioner has the

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burden of demonstrating that he has exhausted available state remedies. See, e.g., Brown v.

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Cuyler, 669 F.2d 155, 158 (3d Cir. 1982).

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Here, because petitioner did not include pages 2 through 7 of the form Petition, he has

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failed to demonstrate that he has exhausted available state remedies with respect to any potential

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habeas claims.

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D.

ORDER

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Based on the foregoing, on or before March 27, 2017, petitioner is ordered to show cause

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why this action should not be dismissed for failure to state a claim, and/or as barred by the

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Younger abstention doctrine, and/or as unexhausted. To avoid dismissal, on or before March

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27, 2017, petitioner must file a response to this Order detailing why he believes the action should

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go forward under § 2254 at this time, and must also demonstrate that he has a claim (or claims)

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upon which habeas relief may be granted by indicating (1) the state court judgment pursuant to

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which he is bringing his claims, including petitioner’s arguments, if any, as to why the Younger

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abstention doctrine does not apply; (2) the specific ground(s) for relief and supporting facts on

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which he seeks habeas relief; and (3) whether he has exhausted his claim(s) in the state courts,

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as well as any reason for delay in bringing his claim(s).

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The filing by petitioner of a First Amended Petition -- on the Central District of California’s

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form Petition for Writ of Habeas Corpus -- on or before March 27, 2017, shall be deemed
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compliance with this Order. An amended petition should reflect the same case number (CV 17-

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1595-MWF (PLA)), be clearly labeled “First Amended Petition,” and be filled out completely. In

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¶ 8 of the First Amended Petition, petitioner should specify separately and concisely each

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federal constitutional claim that he seeks to raise herein and answer all of the questions pertaining

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to each claim. If petitioner attaches a supporting memorandum of points and authorities, the

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arguments therein should clearly correspond to the grounds for relief listed in ¶ 8(a) and/or ¶ 8(b)

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of the habeas petition form and not include any additional claims. The Court Clerk is directed to

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send petitioner a blank copy the Central District’s form Petition for Writ of Habeas Corpus by a

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Person in State Custody.

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Alternatively, if petitioner agrees that the action should be dismissed without prejudice for

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failure to state a claim, as unexhausted, and/or pursuant to the Younger abstention doctrine, or

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for any other reason, he may file a notice of voluntary dismissal pursuant to Federal Rule of Civil

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Procedure 41(a)(1) (“Rule 41”). Rule 41 allows for the voluntary dismissal of an action by a

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petitioner without prejudice and without a court order before the opposing party serves either an

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answer or a motion for summary judgment.

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Shearson-Lehman Am. Express, Inc., 813 F.2d 1532, 1534 (9th Cir. 1987). Respondent has not

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yet appeared in this action. The Court clerk is directed to send petitioner a copy of a blank Central

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District form titled “Notice of Dismissal Pursuant to Federal Rules of Civil Procedure 41(a) or (c)”

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along with this Order to Show Cause.

Fed. R. Civ. P. 41(a)(1); Hamilton v.

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Finally, petitioner is cautioned that his failure to timely respond to this Order will

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result in a recommendation that the action be dismissed without prejudice as premature,

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for failure to state a claim, as unexhausted, as barred by the Younger abstention doctrine,

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for failure to prosecute, and/or for failure to follow court orders.

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DATED: March 6, 2017
PAUL L. ABRAMS
UNITED STATES MAGISTRATE JUDGE

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