Hernandez v. Spells et al

Filing 11

ORDER - Hernandez's objection (ECF No. 10 ) to the Report and Recommendation of U.S. Magistrate Judge Carla L. Baldwin is overruled. The Report and Recommendation (ECF No. 8 ) is therefore adopted in full. The Clerk of Court i s directed to detach and file the complaint (ECF No. 7 -1). The complaint is dismissed without prejudice and without leave to amend. The application to proceed in forma pauperis (ECF No. 7 ) is denied as moot. The Clerk of Court is directed to enter judgment accordingly and close this case. Signed by Chief Judge Miranda M. Du on 8/1/2022. (Copies have been distributed pursuant to the NEF - HKL)

Case 3:22-cv-00212-MMD-CLB Document 11 Filed 08/01/22 Page 1 of 7

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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GUSTAVO HERNANDEZ,

Case No. 3:22-cv-00212-MMD-CLB
Plaintiff,

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ORDER

v.
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JASMIN SPELLS, et al.,
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Defendants.
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I.

SUMMARY

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Pro se Plaintiff Gustavo Hernandez, who is an inmate in the custody of the Nevada

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Department of Corrections (“NDOC”), brings this action under 42 U.S.C. § 1983 against

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Defendants Deputy Public Defender Jasmin Spells, Nevada District Court Judge Kerry

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Earley, Deputy District Attorney John Niman, Nevada District Court Judge Jacqueline

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Bluth, and Deputy District Attorney Maria Lavelle. (ECF No. 7-1.) The Court ordered

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Hernandez to either pay the filing fee or file an application to proceed in forma pauperis

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(ECF No. 6), and Hernandez filed his application to proceed in forma pauperis along with

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a proposed amended complaint (ECF Nos. 7 (“IFP Application”), 7-1 (“Complaint”)).

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Before the Court is a Report and Recommendation (“R&R”) of United States Magistrate

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Carla L. Baldwin (ECF No. 8),1 recommending the Court dismiss the Complaint with

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prejudice and without leave to amend, and deny the IFP Application as moot. Hernandez

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filed an objection to the R&R. (ECF No. 10 (“Objection”).)

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Because the Court agrees that Hernandez’s claims are barred by the Heck doctrine,

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the Court will adopt the R&R in its entirety. Accordingly, the Court will dismiss the

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R&R was made to U.S. District Judge Anne R. Traum in error, which the Court
noted on the docket after it was issued. (ECF No. 9.)

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Complaint without prejudice, but without leave to amend, and will deny the IFP Application

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as moot.

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II.

BACKGROUND

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Hernandez asserts due process and equal protection claims under the Fourteenth

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Amendment against Defendants. (ECF No. 7-1 at 2-6.) In his Complaint, Hernandez

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alleges that Defendants entered into a conspiracy to convict him as evidenced by denying

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him the right to represent himself in his criminal trial. (C-16-315348-1). (Id. at 2.) Hernadez

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claims Deputy DA Lavelle objected to him exercising his right to self-representation in his

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criminal trial, and that Judge Earley refused to conduct a Faretta hearing. (Id. at 4.)

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Hernandez further argues that in his state habeas corpus case, Judge Bluth merely

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adopted Deputy DA Niman’s proposed findings, showing that the state court conspired

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with the prosecution to convict him. (Id. at 5-6.) Hernandez further argues that Deputy PD

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Spells was not acting as his counsel, but rather as a “dictator” who showed “no desire” to

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represent him. (Id. at 6.) Hernandez seeks punitive damages in the amount of $400,000

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per Defendant. (Id. at 8.)

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Hernandez attaches five exhibits to the Complaint: (1) a document titled “State’s

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Response to Defendant’s Petition for Writ of Habeas Corpus (Post-Conviction, Motion for

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Appointment of Counsel and Motion for Evidentiary Hearing,” file-stamped August 19,

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2021, and signed by Deputy DA Niman (id. at 10-33 (“Exhibit One”)); (2) an unsigned,

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unstamped document setting forth findings of fact, conclusions of law, and entry of

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judgment in Hernandez’s state habeas corpus case (id. at 35-52 (“Exhibit Two”)); (3) the

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signed and file-stamped—and otherwise identical—document setting forth findings of fact,

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conclusions of law, and entry of judgment issued by Judge Bluth (id. at 54-73 (“Exhibit

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Three”)); (4) the cover sheet for the state court’s decision in Hernandez’s state habeas

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corpus case (id. at 75-76 (“Exhibit Four”)); and (5) a letter from Deputy PD Spells dated

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August 30, 2017, apprising Hernandez of current updates in his case and informing him

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of the PD’s current legal strategy (id. at 78-79 (“Exhibit Five”)).

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In Exhibit 3, Judge Bluth recites the procedural history of Hernandez’s criminal
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case, noting that Hernandez was convicted, sentenced, and appealed his conviction,

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which was affirmed by the Nevada Court of Appeals. (Id. at 55-56.) Hernandez then moved

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for an extension of time to file his petition for writ of habeas corpus in state court, which

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was denied. (Id. at 56.) Hernandez then filed a petition for writ of habeas corpus, a motion

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for appointment of counsel, and a motion for evidentiary hearing. (Id.) The state court

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denied the petition as untimely and further found that certain grounds were outside the

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scope of habeas relief. (Id. at 60-68.) Most pertinent to this action, the state court

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addressed Hernandez’s argument that he was denied a Faretta hearing and was not

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permitted to represent himself, but found that his claim was waived because it was not

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raised on direct appeal of his criminal conviction and dismissed that ground along with

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others that were waived. (Id. at 67-68.)

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Having reviewed the documents Hernandez submitted to this Court, Judge Baldwin

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determined that Hernandez is essentially challenging the constitutionality of his state court

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conviction. (ECF No. 8 at 4.) Because Hernandez has not demonstrated that the conviction

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has been overturned, Judge Baldwin found that he may not proceed with an action under

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§ 1983 because his claims would be barred by Heck v. Humphrey, 512 U.S. 477 (1994).

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(Id. at 5.) Judge Baldwin therefore recommended the Court dismiss Hernandez’s claims

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without prejudice and without leave to amend because his sole relief is a habeas corpus

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action. (Id. at 4-5.)

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In his Objection, Hernandez argues that his claims are not barred by the Heck

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doctrine because he is not challenging the legality of his custody. (ECF No. 10 at 3.)

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Instead, Hernandez argues he only seeks damages under § 1983 for the violation of his

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Sixth Amendment right to self-representation and Fourteenth Amendment right to due

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process of law. (Id. at 3-4.)

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III.

LEGAL STANDARD

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This Court “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party

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timely objects to a magistrate judge’s report and recommendation, then the Court is
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required to “make a de novo determination of those portions of the [report and

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recommendation] to which objection is made.” Id. The Court’s review is thus de novo

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because Hernadez filed his Objection. (ECF No. 10.)

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IV.

DISCUSSION

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The Court agrees with Judge Baldwin’s determination that Hernandez’s claims are

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Heck-barred. Hernandez argues that he has met the two-prong requirement to state a

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claim under § 1983—that he has suffered a violation of a federally-protected right and that

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the violation was caused by a person or official acting under the color of state law. (ECF

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No. 10 at 2.) While Hernandez is correct that the Complaint meets those two requirements,

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those are not the only requirements to state a claim under § 1983. The Supreme Court

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has explained that courts may not hear claims brought under § 1983 “if ‘a judgment in

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favor of the [incarcerated] plaintiff would necessarily imply the invalidity of his conviction

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or sentence,’ unless the prisoner can demonstrate that the conviction or sentence has

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been previously invalidated.” Edwards v. Balisok, 520 U.S. 641, 643 (1997) (quoting Heck

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v. Humphrey, 512 U.S. 477, 487 (1994)). Put another way, even if Hernandez does not

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intend to challenge the legality of his conviction in this action and merely wishes to pursue

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damages, the Court is required to consider whether a decision in his favor would implicate

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the validity of his state court conviction and sentence.

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“The critical question under Heck is a simple one: Would success on the plaintiff’s

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§ 1983 claim ‘necessarily imply’ that his conviction was invalid?” Byrd v. Phoenix Police

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Dep’t, 885 F.3d 639, 643 (9th Cir. 2018) (quoting Heck, 512 U.S. at 487). In Faretta v.

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California, the Supreme Court recognized that an individual has the right to represent

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themselves and proceed without an attorney. See 422 U.S. 806, 819 (1975) (“The Sixth

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Amendment does not provide merely that a defense shall be made for the accused; it

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grants to the accused personally the right to make his defense.”). “While a defendant’s

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choice to proceed pro se ‘must be honored out of that respect for the individual which the

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lifeblood of the law,’ the Constitution ‘requires that any waiver of the right to counsel be

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knowing, voluntary, and intelligent.’” Rishor v. Ferguson, 822 F.3d 482, 495 (9th Cir. 2016)
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(citations omitted). The Seventh Circuit has held that failing to hold a Faretta hearing in

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accordance with these principles is a cognizable ground for federal habeas relief because

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the right to self-representation is clearly established. See Tatum v. Foster, 847 F.3d 459,

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469 (7th Cir. 2017). The Ninth Circuit has likewise held that a defective Faretta waiver “is

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conclusive and request automatic reversal of a defendant’s conviction.” United States v.

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Mohawk, 20 F.3d 1480, 1484 (9th Cir. 1994); see also Tamplin v. Muniz, 894 F.3d 1076,

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1084-89 (9th Cir. 2018) (reasoning that the Sixth Amendment violation is complete at the

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time the Faretta request is unlawfully denied).

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Because Hernandez’s § 1983 claims, if successful, would call into question whether

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his conviction must be reversed, the Court finds they are barred by the Heck doctrine. In

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his Complaint, Hernandez challenges actions by his public defender, the district attorneys,

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and the judge in his criminal case for depriving him of his constitutional right to represent

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himself. If this Court were to conclude that Defendants engaged in a conspiracy that

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deprived Hernandez of a constitutional right, that would necessarily imply the invalidity of

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his conviction and sentence.2 The Court may therefore only consider these claims after

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Hernandez’s conviction or sentence has been invalidated, which does not appear to be

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the case because Hernandez sought state habeas corpus relief but was denied. If

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Hernandez wishes to pursue these claims, he must either assert them as part of a habeas

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corpus petition or otherwise have his conviction or sentence invalidated.

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But even if Hernandez’s claims were not Heck-barred, the Court would be required

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to dismiss the Complaint. Under what is known as the Rooker-Feldman doctrine, this Court

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does not have subject-matter jurisdiction over errors allegedly committed by state courts.

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See Rooker v. Fidelity Tr. Co., 263 U.S. 413, 416 (1923) (“The jurisdiction possessed by

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the District Courts is strictly original.”); D.C. Ct. of Appeals v. Feldman, 460 U.S. 462, 482

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district courts that have considered similar issues have found the same. See,
e.g., Brown v. Spiga, Case No. CV 15-8585-ODW (AGR), 2018 WL 3435414, at *4 (C.D.
Cal. Jun. 21, 2018) (finding that an allegation of a Sixth Amendment violation involving a
conspiracy between prosecutors and a public defender would “necessarily invalidate” the
plaintiff’s conviction), adopted by 2018 WL 3436818 (C.D. Cal. Jul. 13, 2018).
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(1983) (“[A] United States District Corut has no authority to review final judgments of a

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state court in judicial proceedings.”). The Rooker-Feldman doctrine even applies when the

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state court’s actions involve federal constitutional issues. See Feldman, 460 U.S. 483-85

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(concluding that federal district courts “do not have jurisdiction . . . over challenges to state

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court decisions in particular cases arising out of judicial proceedings even if those

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challenges allege that the state court’s action was unconstitutional”). “Because district

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courts lack power to hear direct appeals from state court decisions, they ‘must decline

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jurisdiction whenever they are in essence being called upon to review the state court

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decision.’” Richmond v. Cockrum, Case No. 20-cv-00389-RMI, 2020 WL 2494566, at *4

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(N.D. Cal. May 14, 2020) (quoting Doe & Assocs. Law Offices v. Napolitano, 252 F.3d

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1026, 1030 (9th Cir. 2000)). Here, Hernandez asks the Court to find that the decisions of

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two judges—first Judge Earley’s decision to deny him a proper Faretta hearing, second

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Judge Bluth’s decision that this was not a cognizable ground for habeas corpus relief—

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were contrary to law and violated his constitutional rights. Hernandez is in effect seeking

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collateral review of two state court decisions. Regardless of whether a constitutional

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violation did occur, this Court lacks subject matter jurisdiction to review those decisions as

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part of a § 1983 claim.

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V.

CONCLUSION

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The Court notes that the parties made several arguments and cited to several cases

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not discussed above. The Court has reviewed these arguments and cases and determines

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that they do not warrant discussion as they do not affect the outcome of the issues before

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the Court.

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It is therefore ordered that Hernandez’s objection (ECF No. 10) to the Report and

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Recommendation of U.S. Magistrate Judge Carla L. Baldwin is overruled. The Report and

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Recommendation (ECF No. 8) is therefore adopted in full.

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The Clerk of Court is directed to detach and file the complaint (ECF No. 7-1).

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It is further ordered that the complaint is dismissed without prejudice and without

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leave to amend.
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It is further ordered that the application to proceed in forma pauperis (ECF No. 7)
is denied as moot.

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The Clerk of Court is directed to enter judgment accordingly and close this case.

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DATED THIS 1st Day of August 2022.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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