Sconiers v. Richard A. Ciummo and Associates et al
Filing
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FINDINGS and RECOMMENDATIONS recommending 1 Petition be Dismissed without prejudice. ORDER REASSIGNING CASE to District Judge Lawrence J. O'Neill signed by Magistrate Judge Michael J. Seng on 12/19/2014. New Case Number: 1:14-cv-02001-LJO-MJS-(HC). (Objections to F&R due by 1/26/2015).(Lundstrom, T)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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Case No. 1:14-cv-02001 MJS (HC)
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ANTWOINE SCONIERS,
FINDINGS AND RECOMMENDATION
Petitioner, REGARDING PETITION FOR WRIT OF
HABEAS CORPUS
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v.
(Doc. 1.)
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RICHARD A. CIUMMO AND
ASSOCIATES, et al.,
ORDER DIRECTING CLERK OF COURT
TO ASSIGN DISTRICT COURT JUDGE TO
THE PRESENT MATTER
Respondents.
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Petitioner filed the instant petition for writ of habeas corpus on December 17,
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2014. It appears from the face of the Petition and the attachments thereto that Petitioner
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is in custody of the County of Fresno while awaiting state criminal proceedings in Fresno
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County Superior Court.
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I.
DISCUSSION
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A.
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Rule 4 of the Rules Governing § 2254 Cases requires the Court to make a
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preliminary review of each petition for writ of habeas corpus. The Court must dismiss a
Screening the Petition
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petition "[i]f it plainly appears from the petition . . . that the petitioner is not entitled to
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relief." Rule 4 of the Rules Governing § 2254 Cases; Hendricks v. Vasquez, 908 F.2d
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490 (9th Cir.1990). Otherwise, the Court will order Respondent to respond to the
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petition. Rule 5 of the Rules Governing § 2254 Cases.
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B.
Pending State Proceedings
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As the challenged state proceeding is still being adjudicated, this Court must
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refrain from granting relief based on abstention grounds, under Younger v. Harris, 401
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U.S. 37, 91 S. Ct. 746, 27 L. Ed. 2d 669 (1971).
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Under principles of comity and federalism, a federal court should not interfere
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with ongoing state criminal proceedings by granting injunctive or declaratory relief
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absent extraordinary circumstances. Id. at 43-54. The rationale of Younger applies to
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non-criminal proceedings when important state interests are involved. See Middlesex
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County Ethics Comm. v. Garden State Bar Ass'n, 457 U.S. 423, 432, 102 S. Ct. 2515,
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73 L. Ed. 2d 116 (1982); SJSVCCPAC v. City of San Jose, 546 F.3d 1087, 1092 (9th
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Cir. 2008). Younger abstention is required when (1) state proceedings, judicial in nature,
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are pending; (2) the state proceedings involve important state interests; and (3) the
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state proceedings afford adequate opportunity to raise the constitutional issue.
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Middlesex, 457 U.S. at 432. A fourth requirement has been articulated by the Ninth
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Circuit: that "the federal court action would enjoin the state proceeding or have the
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practical effect of doing so, i.e., would interfere with the state proceeding in a way that
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Younger disapproves." SJSVCCPAC, 546 F.3d at 1092 (citing cases).
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The rationale of Younger applies throughout appellate proceedings, requiring that
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state appellate review of a state court judgment be exhausted before federal court
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intervention is permitted. See Huffman v. Pursue, Ltd., 420 U.S. 592, 607-11, 95 S. Ct.
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1200, 43 L. Ed. 2d 482 (1975). Moreover, a petitioner who intends to seek federal
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habeas corpus relief must await the outcome of his state court appeal before doing so;
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that appeal may result in reversal of the petitioner's conviction on some other ground,
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thereby mooting the claims raised in his federal habeas petition. See Sherwood v.
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Tomkins, 716 F.2d 632, 634 (9th Cir. 1983) (citations omitted).
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Here, Petitioner has filed a petition relating to state criminal proceedings that
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have yet to be fully adjudicated. Petitioner's state criminal proceedings, as well as
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California's habeas process, afford an opportunity for Petitioner to raise his
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constitutional challenges.
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The present petition is not ripe for review, and as Petitioner has not exhausted
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any of his claims in state court, he is not eligible to stay the present proceedings. The
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interests set forth in Henderson v. Johnson are not implicated here. 710 F.3d 872, 874
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(9th Cir. 2013) ("Although district courts cannot adjudicate mixed petitions, Sherwood
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does not undermine the important precedent requiring district courts first to grant leave
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to amend and, if requested, to consider a petitioner's eligibility for a stay.") Accordingly,
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the Court recommends that the petition be dismissed without prejudice.
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II.
ORDER AND RECOMMENDATION
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The Court RECOMMENDS that the petition for writ of habeas corpus be
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DISMISSED without prejudice. The Court further directs the Clerk of Court to assign a
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District Court Judge to the present matter.
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These findings and recommendations are submitted to the United States District
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Court Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636
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(b)(1)(B) and Rule 304 of the Local Rules of Practice for the United States District Court,
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Eastern District of California. Within thirty (30) days after being served with a copy, any
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party may file written objections with the Court and serve a copy on all parties. Such a
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document should be captioned "Objections to Magistrate Judge's Findings and
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Recommendations." Replies to the objections shall be served and filed within fourteen
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(14) days (plus three days if served by mail) after service of the objections. The Court
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will then review the Magistrate Judge's ruling pursuant to 28 U.S.C. § 636 (b)(1)(c). The
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parties are advised that failure to file objections within the specified time may result in
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the waiver of rights on appeal. Wilkerson v. Wheeler, __ F.3d __, __, No. 11-17911,
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2014 WL 6435497, at *3 (9th Cir. Nov. 18, 2014) (citing Baxter v. Sullivan, 923 F.2d
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1391, 1394 (9th Cir. 1991)).
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IT IS SO ORDERED.
Dated:
December 19, 2014
/s/
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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