Thurston v. State of Hawaii

Filing 5

ORDER and MEMORANDUM DECISION: It is therefore ordered that this 2254 petition is DISMISSED. This case is CLOSED. Signed by Judge Tena Campbell on 5/24/2013. (kpf)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
_________________________________________________________________
) MEMORANDUM DECISION &
) DISMISSAL ORDER
Petitioner,
)
) Case No. 1:13-CV-70 TC
v.
)
) District Judge Tena Campbell
STATE OF HAWAII,
)
)
Respondent.
)
_________________________________________________________________
CHRIS ROSS THURSTON,

Petitioner's father, Rick Thurston (Mr. Thurston), stating a
Utah address, petitions for habeas-corpus relief for the named
petitioner, Chris Ross Thurston (named petitioner).1

Mr.

Thurston names as Respondent the State of Hawaii, where the named
petitioner is apparently in custody under a conviction and
sentencing taking place in Hawaii.
As required under Rule 4 of the Rules Governing Section 2254
Cases in the United States District Courts, this Court "promptly
examine[s]" this petition.

"If it plainly appears from the

petition . . . that the petitioner is not entitled to relief in
the district court, the judge must dismiss the petition and
direct the clerk to notify the petitioner."2

Moreover, this

Court must examine its jurisdiction sua sponte and dismiss any
case in which it has no jurisdiction.3
1

See 28 U.S.C.S. § 2254 (2013).

2

R. 4, Rs. Governing § 2254 Cases in the U.S. Dist. Courts.

3

See Talamantes v. Jones, No. CIV-11-91-JHP, 2012 U.S. Dist. LEXIS
27037, at *2 (E.D. Okla. Mar. 1, 2012) (citing Fed. R. Civ. P. 12(h)(3);
Arbaugh v. Y & H Corp., 546 U.S. 500, 506 (2006) ("The objection that a

First, the Court notes that Mr. Thurston does not appear to
have the power to act in the named petitioner's behalf.

Mr.

Thurston merely designates himself "Next Best Friend," in signing
and filing this petition in Utah on the named petitioner's
behalf.

He does not even allege that the named petitioner

requested his help or "representation," let alone granted him
valid legal authority to act on the named petitioner's behalf.
This is a ground for dismissal of the petition.
Alternatively, "[d]istrict courts can grant habeas corpus
relief only 'within their respective jurisdictions.'

This

requires that a district court have jurisdiction over the
[petitioner's] custodian,"4 which in this case would be the State
of Hawaii.

"A petition for writ of habeas corpus may be filed in

the United States District Court of either the judicial district
in which the petitioner is presently confined or the judicial
district in which he was convicted and sentenced."5

As the named

petitioner is allegedly incarcerated in Hawaii under a conviction
that occurred in Hawaii, this Court lacks jurisdiction.6

federal court lacks subject-matter jurisdiction . . . may be raised by . . . a
court on its own initiative, at any stage in the litigation . . . ." (internal
citation omitted))).
4

Kelso v. Luna, No. 08-6224, 2009 U.S. App. LEXIS 6827, at *2-5 (10th
Cir. Mar. 25, 2009) (unpublished) (quoting 28 U.S.C.S. § 2244(a)).
5

Miller v. California, No. 11-3094-SAC, 2011 U.S. Dist. LEXIS 62926, at
*2 (D. Kan. June 14, 2011) (citing 28 U.S.C.S. § 2241(d); Braden v. 30th
Judicial Cir. Court, 410 U.S. 484, 497 (1973)).
6

See Kelso, at *2-5; see also Talamantes, at *2-3; Miller, at *2.

2

Also, because there is no indication that the named
petitioner even authorized this misplaced petition and because
Mr. Thurston "'should have realized that the forum in which he
. . . filed was improper,'" it is not in the interest of justice
to transfer this case to the United States District Court for the
District of Hawaii.7
IT IS THEREFORE ORDERED that this § 2254 petition is
DISMISSED.8

This case is CLOSED.

DATED this 24th day of May, 2013.
BY THE COURT:

___________________________
TENA CAMPBELL
United States District Judge

7

See Kelso, at *3-5 (quoting Trierweiler v. Croxton & Trench Holding
Corp., 90 F.3d 1523, 1544 (10th Cir. 1996)); see also 28 U.S.C.S. § 1631
(2013) (transfer statute).
8

(See Docket Entry # 3.)

3