O'Neil v. Weld County

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA [3] 4 AIMEE LYNN O’NEIL, Case No. 2:20-cv-00655-JAD-EJY 5 Petitioner v. Order Transferring Caseto District of 6 Coloradoand Denying Motion for WELD COUNTY, Subpoena Without Prejudice [7] Respondent [8] 9 Petitioner Aimee Lynn O’Neil petitions for a writ of habeas corpus under 28 U.S.C. 10 §22411 to challenge her 2013Colorado state-court conviction. She also moves for a subpoena.2 11 Because I lack personal jurisdiction over Weld County,Itransfer this case to the District of 12 Colorado and deny without prejudice O’Neil’s subpoena motion. 13 Background 14 O’Neil challengesa2013 conviction and sentence imposed by theDistrict Court of Weld 15 County, Colorado.3 O’Neil pleaded guilty under a plea agreement to one felony count of attempt 16 to influence a public servant and one misdemeanor count of false reporting.4 The sentencing 17 courtplaced her on a two-year deferredjudgment and sentence on the felony count to be 18 supervised by theprobation department. The following year, O’Neil violated the conditions of 19 her probationand a revocation complaint was filed. In July 2016, the sentencing court entered a 20 conviction on the felony count, revoked her probation, accepted her guilty plea to the revocation 21 complaint, and placed her back on probation for two years. Three months later, a new revocation 22 complaint was filed. In November 2017, the sentencing court found that O’Neil had violated the 23 terms of her probation, revoked herprobation,and sentenced her to two years in the custody of [25] 1 ECF No.1-1. [26] 2 ECF No.4. 27 3 State of Colorado v. O’Neil, Case No. 13CR539. 28 4 ECF No.1-1 at 67–68. 1 theColorado Department of Corrections. O’Neil appealed to the Colorado Court of Appeals. 2 However, the sentencing court’s ruling was affirmed on March 12, 2020.6 3 O’Neil filed her habeas petitiononApril 8, 2020. She claims that her attorney committed 4 legal malpractice and violated her right to counsel by failing to exercise the minimal duty of care.7 5 She asks this Court to reverse the decision of the Colorado Court of Appeals.8 6 Discussion 7 A petitioner must name her “custodian” as the respondent in a federal habeas petition.9 8 The proper respondent “is either the warden of the institution in which the petitioner is 9 incarcerated or the chief officer in charge of state penal institutions.”10 When the petitioner is on 10 probation or parole, the petitioner must name her supervising officer and “the official in charge 11 ofthe parole or probation agency, or the state correctional agency” as respondents.11 12 Federal courts are courts of limited jurisdiction.12 Each“is obligated to ensure it has 13 jurisdiction over an action, and once it determines it lacks jurisdiction, it has no further power to 14 act.”13 “Federal courts have authority to grant writs of habeas corpus ‘within their respective 15 jurisdictions.’”14 Habeas actions are no different than other federal civil actions—a district court 16 must havepersonal jurisdiction over a petitioner’s custodianto proceed.15 When a petitioner [17] 5 O’Neil v. State of Colorado, Case No. 18CA228. 18 6 ECF No.1-1at 73. 19 7 Id.at 6. 8 Id.at 7. [20] 9 Rule 2(a) of the Rules Governing Section §2254 Cases (hereinafter Habeas Rule or Habeas 21 Rules); see alsoRumsfeld v. Padilla, 542 U.S. 426, 434 (2004) (stating default rule that “proper respondent to a habeas petition is ‘the person who has custody over [the petitioner]’”) (quoting 22 28U.S.C. §2242)). 10 Habeas Rule 2(a), 1976 advisory committee’s note. [23] 11 Id. See also Jones v. Cunningham, 371 U.S. 236, 243 (1963) (holding that proper respondents 24 were members of state parole board). 12 Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546, 552 (2005). [25] 13 Guerra v. Hertz Corp., 504 F. Supp. 2d 1014 , 1017–18 (D. Nev. 2007) (citing Steel Co. v. 26 Citizens for a Better Env’t, 523 U.S. 83, 94 (1998)). 14Malone v. Calderon, 165 F.3d 1234 , 1237 (9th Cir. 1999) (quoting 28 U.S.C. §2241 (emphasis 27 added)); Gouveia v. Espinda, 926 F.3d 1102, 1108 (9th Cir. 2019). 28 15 Braden v. 30th Jud. Cir. Ct., 410 U.S. 484, 495 (1973). 1 names a respondent who is outside of the district court’s territorial limits, the court lacks 2 personal jurisdiction over that respondent.16 3 Ifapetitioner files a habeas petition with a district court that lacks jurisdiction, that court 4 maytransfer thepetition to another district court with jurisdiction, “if it is in the interest of 5 justice.”17 Normally transfer—rather than dismissal—will be in the interest of justice “because 6 dismissal of an action that could be brought elsewhere is “time-consuming and justice7 defeating.’”18 8 O’Neil’s habeas petition is plagued withmultiple defects. First, she filed a §2241 9 petition to challenge her conviction.19 Because she alleges that she was convicted and paroled 10 underaColorado state-court judgment of conviction,the only proper basis for her habeas 11 petition is 28 U.S.C. § 2254.20 Second, she has not properly named a Colorado official or 12 agency as respondent. The petition names Weld County—the county where she was convicted— 13 as respondent, rather than her supervisingparole officer or astate official in charge of parole 14 within the Colorado Department of Corrections. Third, and most importantly, the District of 15 Nevada lacks personal jurisdiction over Weld County as well as any state officer or official from 16 the Colorado Department of Corrections. Based on the current record, I am unable to determine 17 whether dismissal without prejudice would materially impact the analysis of theapplication of 18 the limitation period in a promptly filed new action or otherwise cause substantial prejudice. 19 Since the petition could have been filed in the District of Colorado, I transfer this habeas action 20 therein the interests of justice.21 [21] 22 16 Malone, 165 F.3d at 1237. [17] 28 U.S.C. §1631 . [23] 18 Miller v. Hambrick, 905 F.2d 259, 262 (9th Cir. 1990) (quoting Goldlawr, Inc. v. Heiman, 369 24 U.S. 463, 467 (1962)). 19 See White v. Lambert, 370 F.3d 1002 , 1005–07 (9th Cir. 2004), overruled on other grounds by 25 Hayward v. Marshall, 603 F.3d 546, 555 (9th Cir. 2010) (en banc). 26 20 Although O’Neil was not incarcerated when she filed her petition, “she remains in ‘custody’ for purposes of habeas jurisdiction while she is on parole.” Goldyn v. Hayes, 444 F.3d 1062 , 27 1064 n.2 (9th Cir. 2006) (citing Jones v. Cunningham, 371 U.S. 236, 243 (1963)). 21 Because I transfer the petition to the District of Colorado, I defer initial screening under 28 Habeas Rule 4 to the transferee court. By transferring the petition, Ido not explicitly or 1 IT IS THEREFORE ORDERED that Aimee Lynn O’Neil’s Petition for Writ of Habeas 2 || Corpus (ECF No. 1-1) is TRANSFERRED to the United States District Court for the 3 || District of Colorado. 4 IT IS FURTHER ORDERED that O’Neil’s Motion for Subpoena (ECF No. 4) is DENIED 5 || WITHOUT PREJUDICE. 6 IT IS FURTHER ORDERED that the Clerk of Court is directed to CLOSE THIS CASE. 7 Dated: May 13, 2020 [8] 10 U.S. District Judge Jejaniter A. Dorsey 1] [27] 28 || implicitly find that the petition is free of deficiencies, procedural or otherwise.