Opinion

Hyppolite, III v. Kendall

Court
District Court, S.D. Florida
Filed
Jan 25, 2024
Cited by
0 cases
Authority
More cited than 20.2%

The opinion

United States District Court

for the

Southern District of Florida

Ralph J. Hyppolite II, Petitioner- )

Plaintiff, )

)

v. ) Civil Action No. 22-21786-Civ-Scola

)

The Honorable Frank Kendall, and )

others, Respondents-Defendants. )

Order Adopting in Part Magistrate Judge’s Report and Recommendations

This action is a petition for habeas corpus, among other related relief, by

Petitioner Ralph J. Hyppolite II and was referred to United States Magistrate

Judge Jonathan Goodman for a ruling on all pre-trial, non-dispositive matters,

and for a report and recommendations on any dispositive matters. (ECF No.

19.) Judge Goodman has issued a report on Hyppolite’s habeas petition,

recommending that this Court 1) deny Hyppolite’s habeas petition without

prejudice, 2) permit Hyppolite to add the Air Force Clemency and Parole Board

(“AFCPB”) as a Respondent, 3) transfer the case to the District of Maryland,

and 4) decline to issue a certificate of appealability. (Rep. & Rec., ECF No. 35 at

19.) Judge Goodman also recommended that this Court deny without prejudice

Hyppolite’s requests for declaratory judgment and a writ of mandamus. After

reviewing the filings, the applicable law, and the record, the Court partly

adopts Judge Goodman’s report and recommendations (ECF No. 35),

denying the habeas petition without prejudice and transferring the case to the

District of Maryland, where Hyppolite may amend his petition to add the Air

Force Clemency and Parole Board as a Respondent as that court sees fit. The

Court also declines to issue a certificate of appealability and denies without

prejudice Hyppolite’s requests for declaratory judgment and a writ of

mandamus.

1. Background

This matter arises from Ralph J. Hyppolite II’s petition to this Court for a

writ of habeas corpus, writ of mandamus, and declaratory judgment relating to

his Air Force court martial sentence of six years of imprisonment and

subsequent parole. The facts and procedural history are complex—as the

Magistrate Judge notes, Hyppolite “was convicted in Japan, imprisoned in

California, and now presently resides in Florida.” (Rep. & Rec., ECF No. 35 at

10.)

However, most relevant for our purposes are the facts relating to the

organization or official with authority over Hyppolite at the time that he filed

his petition because “the proper respondent to a habeas petition is the person

who has custody over the petitioner.” (Rep. & Rec., ECF No. 35 at 8 (citing 28

U.S.C. § 2242; Rumsfeld v. Padilla, 542 U.S. 426, 434 (2004).) The Air Force

Clemency and Parole Board had granted Hyppolite parole when he filed this

petition. (Rep. & Rec., ECF No. 35 at 15.) At the time, violations of the terms of

Hyppolite’s parole were reported to the AFCPD. (Id.)

2. Legal Standard

“In order to challenge the findings and recommendations of the

magistrate judge, a party must file written objections which shall specifically

identify the portions of the proposed findings and recommendation to which

objection is made and the specific basis for objection.” Macort v. Prem, Inc., 208

F. App’x 781, 783 (11th Cir. 2006) (quoting Heath v. Jones, 863 F.2d 815, 822

(11th Cir. 1989)) (cleaned up). The objections must also present “supporting

legal authority.” L. R. 4(b). Once a district court receives “objections meeting

the specificity requirement set out above,” it must “make a de novo

determination of those portions of the report to which objection is made and

may accept, reject, or modify in whole or in part, the findings or

recommendations made by the magistrate judge.” Macort, 208 F. App’x at 783-

84 (quoting Heath, 863 F.2d at 822) (cleaned up). To the extent a party fails to

object to parts of the magistrate judge’s report, those portions may be reviewed

for clear error. Macort, 208 F. App’x at 784.

3. Analysis

Both the Respondents and the Petitioner have filed objections. The

Respondents object to the Magistrate Judge’s recommendation that Hyppolite

be permitted to add the AFCPB as a Respondent on the grounds that the

AFCPB no longer has any authority over Hyppolite. (Resp’ts’ Objs., ECF No. 37

at 2.) Hyppolite’s sentence expired on June 7, 2023, and therefore, they argue,

only the Secretary of the Air Force maintains any legal authority to act on a

judicial order on Hyppolite’s habeas petition. The Respondents contend that

the case should therefore be transferred to the Eastern District of Virginia,

where the Secretary of the Air Force is located. (Resp’ts’ Objs., ECF No. 37 at

2.) The correct sequence of events, in the Respondents’ view, is to 1) dismiss

the Secretary of Defense, Chief Probation Officer, Department of Defense,

Department of the Air Force, and the United States as Respondents, 2) dismiss

without prejudice Hyppolite’s mandamus and declaratory judgment requests,

3) deny a certificate of appealability, and 4) transfer the case to the Eastern

District of Virginia.

Hyppolite also objects to the report and recommendations, but only on

the grounds that the order in which the Magistrate Judge recommends that the

Court proceed is unworkable. (Pet’r’s Objs., ECF No. 36 at 1-2.) Hyppolite

argues that first denying the habeas petition without prejudice before

permitting Hyppolite to add the AFBCP as a respondent is not possible because

the denial would strip the Court of jurisdiction, although he does not offer any

authority for this argument. (Id.) Instead, Hyppolite requests that the Court

allow him to add the AFBCP as a respondent before dismissing the claims

without prejudice and transferring the case to the District of Maryland. (Id. at

2.) Hyppolite also objects to the Magistrate Judge’s recommendation that the

Court decline to issue a certificate of appealability because Hyppolite has made

a substantial showing of the denial of a constitutional right and that

reasonable jurists could debate whether the petition should have been resolved

differently. (Id.)

The Court does not accept the objections of either the Petitioner or the

Respondents, and largely adopts the recommendation of the Magistrate Judge,

with a small adjustment. First, the Court disagrees with the Respondents that

the Secretary of the Air Force is the appropriate authority for purposes of

habeas jurisdiction here. As Judge Goodman recognized, courts analyze habeas

jurisdiction, including the custody determination, as of the date of the

petition’s filing. See Brown v. Kendall, No. CV DLB-22-410, 2023 WL 2648781,

at *4 (D. Md. Mar. 27, 2023). “[O]nce the federal jurisdiction has attached in

the District Court, it is not defeated by the release of the petitioner prior to

completion of proceedings on [the habeas] application.” Plymail v. Mirandy, 8

F.4th 308, 314 (4th Cir. 2021). Instead, jurisdiction remains with the

organization or person with custody of a petitioner at the time of the petition’s

filing, as the District of Maryland held last year. See Brown, 2023 WL 2648781,

at *4. The Court therefore agrees with the Magistrate Judge (and the Petitioner)

that the appropriate destination for this case is the District of Maryland, where

the AFCPB is located.

Second, the Court rejects the Petitioner’s argument that the Court

should allow him to amend his petition to add the AFBCP as a respondent

before the Court denies the habeas petition, but also parts ways with the

Magistrate Judge on this point. (Pet’r’s Objs., ECF No. 36 at 1.) The Magistrate

Judge recommended that the Court allow Hyppolite to add the AFBCP as a

respondent after denying the habeas petition, and Hyppolite objected to the

order in which to undertake those actions. The Court disagrees that Hyppolite

must add the AFBCP as a respondent at all before the case is transferred. This

Court is denying the petition because it lacks jurisdiction; the district court

with jurisdiction over the case is the one positioned to consider arguments on

the proper respondent, and it has done so in the past post-transfer. See Brown

v. Kendall, No. CV DLB-22-410, 2023 WL 2648781, at *4 (D. Md. Mar. 27,

2023). The Court therefore declines to allow Hyppolite to add the AFCPB as a

respondent pre-transfer.

The Court also disagrees with the Petitioner that a certificate of

appealability should issue. A denial of a habeas corpus petition is only

appealable upon a district court’s issuance of a certificate of appealability

where “the applicant has made a substantial showing of the denial of a

constitutional right.” 28 U.S.C. § 2253. To meet this standard, a petitioner

must show that “reasonable jurists could debate whether |. . .] the petition

should have been resolved in a different manner or that the issues presented

were adequate to deserve encouragement to proceed further.” Miller-El v.

Cockrell, 537 U.S. 322, 335 (2003) (cleaned up). This is not a decision on the

merits of the habeas petition and does not implicate any alleged denial of

Petitioner’s constitutional rights—this order merely ensures that the court

considering the petition has jurisdiction at all. The Court therefore will not

issue a certificate of appealability.

4. Conclusion

For the reasons discussed above, the Court partly adopts the Magistrate

Judge’s report and recommendations (ECF No. 35), denying without prejudice

Hyppolite’s petition for habeas corpus and transferring this case to the District

of Maryland with the understanding that Hyppolite will move to add the Air

Force Clemency and Parole Board as a respondent upon transfer. The Clerk

shall take all necessary steps to ensure the prompt transfer of this action to the

United States District Court for the District of Maryland.

Additionally, the Court adopts the Magistrate Judge’s recommendations

to dismiss the declaratory judgment and mandamus claims. No party objected

to these recommendations, and the Court does not find them to be clearly

erroneous.

Done and ordered, in Miami, Florida, on January 24, 2024.

(se N. Scola, Jr.

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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