Butler v. Brown
Filing
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ORDER Directing Clerk of Court to Assign a District Judge to Case; FINDINGS and RECOMMENDATIONS recommending that the Habeas Corpus Petition (Doc. 1 ) be DISMISSED Under the Younger Abstention Doctrine signed by Magistrate Judge Jennifer L. Thurston on 10/29/2015. This case has been assigned to District Judge Lawrence J. O'Neill and Magistrate Judge Jennifer L. Thurston. The new case number is 1:15-cv-01509-LJO-JLT (HC). Referred to Judge O'Neill. Objections to F&R due within twenty-one (21) days. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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TERRANCE BUTLER,
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Petitioner,
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v.
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JERRY BROWN,
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Respondents.
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Case No.: 1:15-cv-01509-JLT
FINDINGS AND RECOMMENDATIONS TO
DISMISS PETITION FOR WRIT OF HABEAS
CORPUS
ORDER DIRECTING THAT OBJECTIONS BE
FILED WITHIN TWENTY-ONE DAYS
ORDER DIRECTING CLERK OF THE COURT TO
ASSIGN DISTRICT JUDGE TO CASE
Petitioner claims he is in pre-hearing commitment pursuant to California’s Sexually Violent
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Predator Act. Petitioner challenges the application of the SVPA and claims that it is fails to identify
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those likely to commit sexually violent acts. Finally, Petitioner claims that a trial under the SVPA
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violates the Double Jeopardy clause. Because the Court finds that it is required to abstain from
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determining this matter, it recommends the matter be DISMISSED.
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DISCUSSION
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A. Preliminary Review of Petition.
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Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition if
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it “plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not
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entitled to relief in the district court . . . .” Rule 4 of the Rules Governing Section 2254 Cases. The
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Advisory Committee Notes to Rule 8 indicate that the court may dismiss a petition for writ of habeas
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corpus, either on its own motion under Rule 4, pursuant to the respondent’s motion to dismiss, or after
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an answer to the petition has been filed. Herbst v. Cook, 260 F.3d 1039 (9th Cir.2001).
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The instant petition alleges he is being held in pre-hearing commitment pursuant to California’s
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Sexually Violent Predator Act (“SVPA”). Petitioner alleges California’s SVPA law is fatally flawed
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because (1) the California Department of State Hospitals (“DSH”) has initiated policies requiring its
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evaluators to fraudulently contend that patients are subject to the SVPA and that these policies were
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“designed to fail” and do not actually determine the likelihood that a SVP designee is “likely” to
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commit sexual offenses. (Doc. 1, p. 40). Petitioner also alleges the DSH staff disregard evidence that
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individuals charged as SVP’s do not suffer from serious mental issues such that they are likely to
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commit sexual crimes in the future. (Id.). Petitioner alleges that these flawed policies have deprived
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him of his liberty and have subjected him to the possibility of a “second” trial on his prior sexual
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offenses in violation of the Double Jeopardy Clause of the U.S. Constitution. (Id., p. 42).
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B. Younger Abstention.
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After fully considering the circumstances of this case, the Court finds it should not proceed with
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this petition. Notably, Petitioner’s state court proceedings are ongoing and, generally, the writ of
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habeas corpus will not extend to one awaiting trial unless special circumstances exist such that there is
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an absence of state processes effective to protect a federal right. See Ex parte Royall, 117 U.S. 241,
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245–254 (1886); Fay v. Noia, 372 U.S. 391, 420 (1963), overruled in part by Wainwright v. Sykes, 433
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U.S. 72 (1977) and Coleman v. Thompson, 501 U.S. 722 (1991). Federal courts will not interfere with
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pending state criminal proceedings unless the petitioner has exhausted all state court remedies with
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respect to the claim raised. See Mannes v. Gillespie, 967 F.2d 1310, 1311–1312 (9th Cir.1992).
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Further, a federal court generally will not enjoin or directly intercede in ongoing state criminal
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proceedings absent extraordinary circumstances. Younger v. Harris, 401 U.S. 37, 43-45 (1971);
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Samuels v. Mackell, 401 U.S. 66, 68- 69 (1971). Younger and its progeny are based on the interests of
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comity and federalism that counsel federal courts to maintain respect for state functions and not unduly
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interfere with the state's good faith efforts to enforce its own laws in its own courts. Middlesex County
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Ethics Committee v. Garden State Bar Assoc., 457 U.S. 423, 431 (1982); Dubinka v. Judges of
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Superior Court of State of California, Los Angeles, 23 F.3d 218, 223 (9th Cir. 1994); Lebbos v. Judges
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of Superior Court, Santa Clara, 883 F.2d 810, 813 (9th Cir.1989). The Younger doctrine stems from this
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longstanding public policy against federal court interference with state court proceedings. Younger, 401
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U.S. at 43. Federal courts should not enjoin pending state criminal prosecutions absent a showing of
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the state's bad faith or harassment. Younger, 401 U.S. at 46, 53-54 (holding that the cost, anxiety and
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inconvenience of criminal defense are not the kind of special circumstances or irreparable harm that
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justify federal court intervention); Dubinka, 23 F.3d at 225-26. Nor is federal injunctive relief to be
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used to test the validity of an arrest or the admissibility of evidence in a state criminal proceeding.
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Perez v. Ledesma, 401 U.S. 82, 83-85 (1971).
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The Ninth Circuit follows a three-prong test espoused by the Supreme Court to determine
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whether abstention under the Younger doctrine is appropriate. Younger abstention is required when: (1)
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state proceedings, judicial in nature, are pending; (2) the state proceedings involve important state
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interests; and (3) the state proceedings afford adequate opportunity to raise the constitutional issue.
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Middlesex County, 457 U.S. at 432; Delta Dental Plan of California, Inc. v. Mendoza, 139 F.3d 1289,
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1294 (9t Cir.1998); Dubinka, 23 F.3d at 223.
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For abstention to be appropriate, the federal court action must enjoin the state proceeding or
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have the practical effect of doing so by interfering in a way that Younger disapproves. Gilbertson v.
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Albright, 381 F.3d 965, 977–78 (9th Cir.2004) (en banc). This principle of abstention has been applied
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to collateral attacks on criminal convictions; federal habeas corpus does not lie, absent special
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circumstances, to adjudicate the merits of a state criminal charge prior to a judgment of conviction by a
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state court, Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S. 484, 489 (1973), or even
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during the time a case is on appeal in the state courts, New Orleans Pub. Serv., Inc. v. Council of City
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of New Orleans, 491 U.S. 350, 369 (1989). This principle has also been applied to pending state civil
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proceedings where important state interests are at stake. Middlesex County, 457 U.S. at 432; Moore v.
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Sims, 442 U.S. 415, 423 (1979) (pending child custody proceeding); Huffman v. Pursue, Ltd., 420 U.S.
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592, 604 (1975) (pending nuisance action).
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If these three requirements are met, the Court must also consider whether any of the narrow
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exceptions to the Younger abstention doctrine apply. The Court need not abstain if the state court
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proceedings were undertaken for bad faith or for purposes of harassment or the statute at issue is
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“flagrantly and patently violative of express constitutional prohibitions.” Dubinka, 23 F.3d at 223 &
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225; Lebbos, 883 F.2d at 816. The extraordinary circumstances exception recognizes that a federal
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court need not abstain when faced with a statute that is flagrantly unconstitutional in every clause.
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Dubinka, 23 F.3d at 225.
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The first requirement is satisfied here because the state proceedings have not concluded.
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Indeed, it does not appear that a civil commitment trial has been commenced in the state court or that
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Petitioner has been found to be a SVP by the State of California. Petitioner does not dispute that at the
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time the petition was filed, state SVPA proceedings were ongoing. For purposes of Younger abstention,
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the critical determination is whether state proceedings were underway at the time the federal action was
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filed, and state proceedings are deemed ongoing for purposes of Younger abstention until state
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appellate review is completed. Steffel v. Thompson, 415 U.S. 452, 462 (1974); Gilbertson v. Albright,
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381 F.3d at 969 n. 4. It appears undisputed that Petitioner's SVPA trial has not yet occurred as of the
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filing of the petition, and Petitioner has not presented his constitutional claims to the California
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Supreme Court.
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The second requirement is satisfied because an important state interest, that of not having the
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federal courts interfere in state criminal proceedings by precluding a prosecution, is at issue here. See
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Dubinka, 23 F.3d at 223. Finally, the third requirement is met because Petitioner can address his federal
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constitutional claims related to the allegedly illegal conduct of the DSH and prosecutors in the state
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court civil SVP proceedings.
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Petitioner argues that “irreparable injury will result” if the state proceedings continue because
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he will be subjected to a second trial on prior sex convictions that would violate the Double Jeopardy
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Clause. (Doc. 1, p. 66). However, the cost, anxiety, and inconvenience of presenting a defense are not
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the kind of special circumstances or irreparable harm that justify federal court intervention. Younger,
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401 U.S. at 46, 53-54. Where a district court finds Younger abstention appropriate as to a request for
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declaratory or injunctive relief, the court may not retain jurisdiction, but must dismiss. Judice v. Vail,
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430 U.S. 327, 348 (1977); Beltran v. California, 871 F.2d 777, 782 (9th Cir. 1988). The rationale of
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Younger applies throughout appellate proceedings, requiring that state appellate review of a conviction
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be exhausted before federal court intervention is permitted. Huffman v. Pursue, Ltd., 420 U.S. 592,
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607-11 (1975); Dubinka, 23 F.3d at 223 (stating that even if the trial is complete at the time of the
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abstention decision, state court proceedings are still considered pending).
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It is apparent that Plaintiff is seeking to have the Court intervene in an ongoing state SVP
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proceeding. This is precisely the type of circumstance to which the Younger doctrine was intended to
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apply. Petitioner has not established that any exception to Younger abstention is applicable in this case,
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i.e., that the state court proceedings were undertaken for bad faith or for purposes of harassment.
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Dubinka, 23 F.3d at 223 & 225; Lebbos, 883 F.2d at 816. Indeed, the state civil proceedings are
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currently pending, and Petitioner can raise his concerns within the context of those state court
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proceedings or on appeal at the conclusion of the SVP hearing.
ORDER
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For the foregoing reasons, the Court DIRECTS the Clerk of the Court to assign a United States
District Judge to this case.
RECOMMENDATION
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Accordingly, the Court HEREBY RECOMMENDS that the habeas corpus petition be
DISMISSED under the Younger abstention doctrine.
This Findings and Recommendation is submitted to the United States District Court Judge
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assigned to this case, pursuant to the provisions of 28 U.S.C. section 636 (b)(1)(B) and Rule 304 of the
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Local Rules of Practice for the United States District Court, Eastern District of California. Within 21
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days after being served with a copy, any party may file written objections with the court and serve a
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copy on all parties. Such a document should be captioned “Objections to Magistrate Judge’s Findings
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and Recommendation.” Replies to the objections shall be served and filed within 10 daysafter service
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of the objections. The Court will then review the Magistrate Judge’s ruling pursuant to 28 U.S.C. § 636
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(b)(1)(C). The parties are advised that failure to file objections within the specified time may waive the
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right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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IT IS SO ORDERED.
Dated:
October 29, 2015
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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