Stevens v. Naples City Justice

Filing 4

MEMORANDUM DECISION AND ORDER TO SHOW CAUSE - Petitioner is directed to respond in writing within 30 days from the date of this Order and inform the Court why the Petition should not be dismissed for lack of jurisdiction. Failure to do so may result in dismissal of the case. Signed by Judge Dale A. Kimball on 10/5/2018. (eat)

IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT OF UTAH

DALE NOLEN STEVENS,
Petitioner,

MEMORANDUM DECISION
& ORDER TO SHOW CAUSE
WHY PETITION SHOULD
NOT BE DISMISSED

v.
Case No. 2:18-CV-392 DAK
NAPLES CITY JUSTICE COURT et al.,
Respondents.

Judge Dale A. Kimball

Citing violations of the Federal Constitution, Petitioner Dale Nolen Stevens attacks his
conviction on a traffic violation in Utah justice court. 28 U.S.C.S. § 2254 (2018). His
punishment was a fine.
Federal statute requires that a petitioner for a writ of habeas corpus be “in custody pursuant
to the judgment of a State court . . . in violation of the Constitution or laws or treaties of the
United States.” 28 U.S.C.S. § 2254(a) (2018). A petitioner thus must show that he is in custody;
the requirement is jurisdictional. Mays v. Dinwiddie, 580 F.l3d1136, 1139 (10th Cir. 2009).
Proper construction of “custody” under the statute is a legal question. Id. at 1138.
Not every restriction regarding federal rights warrants a habeas-corpus remedy. Lehman v.
Lycoming County Children’s Servs. Agency, 458 U.S. 502, 510 (1982). So, collateral
consequences of conviction that have only a negligible effect on liberty or movement do not
satisfy the “custody” requirement. Virsnieks v. Smith, 521 F.3d 707, 718 (7th Cir. 2008). For
example, fines imposed on a petitioner do not satisfy it; there must instead be a significant
restraint of liberty. Erlandson v. Northglenn Mun. Ct., 528 F.3d 785, 788 (10th Cir. 2008).

IT IS ORDERED that Petitioner must within thirty days SHOW CAUSE why the
Petition should not be dismissed for lack of jurisdiction.
DATED this 5th day of October, 2018.
BY THE COURT:

__________________________________
JUDGE DALE A. KIMBALL
United States District Court

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