Hagos v. State of Washington

• Court: District Court, W.D. Washington
• Decided: March 27, 2023
• Docket: 2:22-cv-01697
• Status: Unknown

Opinion

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5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 TEKLEMARIAM DANIEL HAGOS, CASE NO. C22-1697 BHS 8 Petitioner, ORDER 9 v. 10 STATE OF WASHINGTON, 11 Respondent. 12

13 This matter comes before the Court on Magistrate Judge David W. Christel’s 14 Report and Recommendation (“R&R”), Dkt. 7, and Petitioner Teklemariam Daniel 15 Hagos’s Objections to the R&R, Dkt. 8. 16 Hagos filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. Dkt. 1. 17 His asserted grounds for habeas relief were unclear; the petition stated, for example: 18 “they are using intel collect avoid and attacking my conscious” and “my state & federal 19 rights are being attacked.” Dkt. 1-1 at 7. He sought dismissal of a King County case (No. 20 19-1-04001-3) and monetary damages of $90,000,000. Id. at 15. He also requested that 21 the Court send a King County police officer to federal prison and administer a lie detector 22 test to the Seattle Police Department officers who wrote his arrest report. Id. 1 Judge Christel granted Hagos leave to proceed in forma pauperis, Dkt. 4, but 2 declined to direct Defendant the State of Washington to file an answer, Dkt. 6. He

3 ordered Hagos to file an amended petition by January 23, 2023, concluding that Hagos’s 4 first petition was improper. Id. at 1. Judge Christel explained that Hagos failed to name 5 the state officer that had custody over him, specify the grounds for relief available to him, 6 or provide the information requested on the Court’s form for § 2254 petitions. Id. at 2. 7 Judge Christel also concluded that Hagos sought monetary damages, which cannot be 8 awarded in a habeas case. Id.

9 Hagos did not timely file an amended petition and Judge Christel therefore 10 recommends the Court dismiss Hagos’s § 2254 petition without prejudice and deny him a 11 certificate of appealability. Dkt. 7. Hagos filed “objections” that appear to amount to an 12 amended petition. Dkt. 8. 13 “The Supreme Court has instructed the federal courts to liberally construe the

14 ‘inartful pleading’ of pro se litigants.” Eldridge v. Block, 832 F.2d 1132, 1137 (9th Cir. 15 1987) (citing Boag v. MacDougall, 454 U.S. 364, 365 (1982)). The Court will therefore 16 interpret Hagos’s “objections” as an amended petition and will consider it in the first 17 instance despite it being untimely. Judge Christel’s R&R is therefore moot. 18 The Court should dismiss a habeas petition on preliminary review “[i]f it plainly

19 appears from the petition and any attached exhibits that the petitioner is not entitled to 20 relief in the district court.” Rules Governing § 2254 Cases, Rule 4. 21 Hagos’s amended petition still fails on its face for several reasons. First, he seems 22 to believe he is filing a personal restraint petition—a method of challenging confinement 1 in Washington state court. Dkt. 8 at 2. To challenge the legality of confinement in a state 2 facility in federal court, a prisoner must file a petition for writ of habeas corpus.

3 Second, Hagos appears to be challenging the conditions of his confinement based 4 on the risk of COVID-19. See generally Dkt. 8. A personal restraint petition filed in 5 Washington state court may be used to challenge the conditions of one’s confinement. 6 Wash. R. App. P. 16.4(c)(6). In contrast, a federal habeas petition “is limited to attacks 7 upon the legality or duration of confinement.” Crawford v. Bell, 599 F.2d 890, 891 (9th 8 Cir. 1979). To challenge the conditions of state confinement in federal court, a prisoner

9 must file a civil rights complaint. 10 The Court, having considered the R&R, Petitioner’s objections, and the remaining 11 record, does hereby order as follows: 12 (1) The Court DECLINES TO ADOPT the R&R as moot; 13 (2) Hagos’s Petition is DENIED;

14 (3) A Certificate of Appealability is DENIED; and 15 (4) The Clerk shall enter a JUDGMENT and close the case. 16 Dated this 27th day of March, 2023. A 17 18 BENJAMIN H. SETTLE 19 United States District Judge

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