Hart v. People of California

• Court: District Court, N.D. California
• Decided: February 21, 2023
• Docket: 4:22-cv-07346
• Status: Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 STEPHEN S. HART, Case No. 22-cv-07346-HSG

8 Petitioner, ORDER OF DISMISSAL 9 v.

10 PEOPLE OF CALIFORNIA, 11 Respondent.

12 13 Petitioner Stephen S. Hart has filed this pro se petition for a writ of habeas corpus. For the 14 reasons set forth below, this petition for a writ of habeas corpus is DISMISSED with prejudice and 15 a certificate of appealability is DENIED. Petitioner’s request to proceed in forma pauperis is 16 GRANTED. Dkt. No. 5. 17 DISCUSSION 18 I. Petition 19 On October 28, 1996, Petitioner pled guilty in Sonoma County Superior Court to one count 20 of misdemeanor statutory rape, Cal. Penal Code § 261.5(b), and one count of felony statutory rape, 21 Cal. Penal Code § 261.5(c), with the plea agreement providing that after Petitioner completed his 22 sentence, the felony count would be downgraded to a misdemeanor. Dkt. No. 1 at 1-2. After 23 completing his sentence, Petitioner petitioned to have his felony count dropped to a misdemeanor 24 pursuant to the plea bargain. His petition was denied on May 28, 2020. Dkt. No. 1 at 3. Petitioner 25 has not previously presented this claim to any other court. Dkt. No. 1 at 5. 26 II. Standard of Review 27 This court may entertain a petition for writ of habeas corpus “in behalf of a person in 1 violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a); Rose v. 2 Hodges, 423 U.S. 19, 21 (1975). A federal district court may also entertain a petition for a writ of 3 habeas corpus from a petitioner who is in custody in violation of the Constitution or laws or 4 treaties of the United States. 28 U.S.C. § 2241(c). A district court shall “award the writ or issue 5 an order directing the respondent to show cause why the writ should not be granted, unless it 6 appears from the application that the applicant or person detained is not entitled thereto.” 28 7 U.S.C. § 2243. 8 III. Dismissal with Prejudice 9 This petition is DISMISSED for lack of federal habeas jurisdiction because Petitioner is 10 not “in custody” within the meaning of either 28 U.S.C. § 2254(a) or 28 U.S.C. § 2241(c). A 11 habeas petitioner must be in custody under the conviction or sentence under attack at the time the 12 petition is filed. Maleng v. Cook, 490 U.S. 488, 490-91 (1989). The custody requirement is 13 jurisdictional. Carafas v. LaVallee, 391 U.S. 234, 238 (1968). Here, Petitioner has completed the 14 sentence from Sonoma County Superior Court and is no longer in the custody of the state of 15 California pursuant to that sentence.1 This petition is therefore DISMISSED for lack of 16 jurisdiction.2 17 CERTIFICATE OF APPEALABILITY 18 The Court concludes that no “jurists of reason would find it debatable whether the petition 19 states a valid claim of the denial of a constitutional right [or] that jurists of reason would find it 20 debatable whether the district court was correct in its procedural ruling.” Slack v. McDaniel, 529 21 U.S. 473, 484 (2000). Accordingly, a certificate of appealability is DENIED. 22 // 23 // 24

25 1 Petitioner appears to be in the custody of the state of Indiana, but he is not challenging the legality of Indiana’s custody. 26 2 Petitioner may be able to bring a state court action for breach of his plea agreement. “ In California, a negotiated plea agreement is a form of contract, and it is interpreted according to 27 general contract principles, and according to the same rules as other contracts.” Buckley v. 1 CONCLUSION 2 For the reasons set forth above, the Court GRANTS Petitioner’s request for leave to 3 || proceed in forma pauperis, DISMISSES the petition for writ of habeas corpus with prejudice for 4 || lack of federal habeas jurisdiction, and DENIES a certificate of appealability. The Clerk of the 5 Court is directed to enter judgment in favor of Respondent and against Petitioner, and close the 6 case. 7 IT IS SO ORDERED. 8 || Dated: 2/21/2023 ° Kawwote S. GILLIAM, JR. / 10 United States District Judge 11 12

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