Opinion

(HC) Stephens v. Warden J. Schultz

Court
District Court, E.D. California
Filed
Aug 22, 2024
Cited by
0 cases
Authority
More cited than 33.5%

“[I]t is only noncompliance with federal law that renders a State’s criminal judgment susceptible to collateral attack in the federal courts.” (emphasis in original)

How later courts described this case

  • “[I]t is only noncompliance with federal law that renders a State’s criminal judgment susceptible to collateral attack in the federal courts.” (emphasis in original)
  • “The proper forum to challenge the execution of a sentence is the district where the prisoner is confined.”
  • “[S]tate courts are the ultimate expositors of state law . . . .”
  • “[W]e have repeatedly held that it is not the province of a federal habeas court to reexamine state-court determinations on state-law questions.” (internal quotation marks omitted)

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 2:24-cv-06327-DOC-AJR Date: August 22, 2024

Page 1 of 5

Title: Jimmie E. Stephens v. Warden J. Schultz et al.,

DOCKET ENTRY: ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD

NOT BE TRANSFERRED TO THE EASTERN DISTRICT

OF CALIFORNIA PURSUANT TO 28 U.S.C. § 1404(A) OR

DISMISSED FOR FAILURE TO STATE A COGNIZABLE

HABEAS CLAIM

PRESENT:

HONORABLE A. JOEL RICHLIN, UNITED STATES MAGISTRATE JUDGE

_ Claudia Garcia-Marquez_ _______None_______ __None__

Deputy Clerk Court Reporter/Recorder Tape No.

ATTORNEYS PRESENT FOR PETITIONER: ATTORNEYS PRESENT FOR RESPONDENTS:

None Present None Present

PROCEEDINGS: (IN CHAMBERS)

On July 19, 2024, Jimmie E. Stephens (“Petitioner”), a pro se state prisoner

currently in the custody of the California Department of Corrections and Rehabilitation

(“CDCR”) at California State Prison Solano, in Vacaville, CA (“CSP-Solano”),

constructively filed1 a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254

(“Petition”). (Dkt. 1.) The Petition appears to challenge CDCR’s Board of Parole

1 Under the “mailbox rule,” when a pro se prisoner gives prison authorities a pleading to

mail to court, the Court deems the pleading constructively filed on the date it is signed.

See Roberts v. Marshall, 627 F.3d 768, 770 n.1 (9th Cir. 2010). Here, the Court uses July

19, 2024 as the constructive filing date because Petitioner’s signature on the Petition is

dated July 19, 2024. (Dkt. 1 at 15.)

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 2:24-cv-06327-DOC-AJR Date: August 22, 2024

Page 2 of 5

Title: Jimmie E. Stephens v. Warden J. Schultz et al.,

Hearings’ (“BPH”) determination as to Petitioner’s suitability for parole. (Id. at 7 (“5-2-

24 was [P]etitioner’s 5th BPH Suitability for Release Denial, when BPH used 4[-]year[-

]old write-ups” to deny Petitioner parole.).) The Petition also seems to allege claims under

California’s Racial Justice Act that Petitioner asserts protects prisoners, “especially . . .

African Americans, who[] do longer [s]entences than other [r]aces [because of] BPH.”

(Id. at 5.)

Upon review of the Petition, it appears that venue for this action properly lies

within the Eastern District of California and that in the interest of justice, this action

should be transferred to that judicial district.

“Where an application for a writ of habeas corpus is made by a person in custody

under the judgment and sentence of a State court of a State which contains two or

more Federal judicial districts, the application may be filed in the district court for

the district wherein such person is in custody or in the district court for the district

within which the State court was held which convicted and sentenced him and each

of such district courts shall have concurrent jurisdiction to entertain the

application.”

28 U.S.C. § 2241(d).

Nevertheless, “[t]he district court for the district wherein such an application is

filed in the exercise of its discretion and in furtherance of justice may transfer the

application to the other district court for hearing and determination.” Id.

The general practice of California district courts is to transfer habeas actions

challenging a denial of parole to the district where the petitioner is confined. See

Bayramoglu v. Ochoa, 2011 WL 2462489, at *1 (C.D. Cal. June 21, 2011) (finding that

the proper forum for a claim related to the denial of parole is the district of confinement);

Gaddis v. Marshall, 2007 WL 4533140, at *1 (N.D. Cal. Sept. 12, 2007) (“[T]he district of

confinement is the preferable forum to review the execution of a sentence, such as a parole

denial claim.”); Cerny v. California Bd. of Prison Terms, 2006 WL 2784708, at *1 (N.D.

Cal. Sept. 26, 2006) (same); Jones v. Dep’t of Corr., Bd. of Prison Terms, 1995 WL

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 2:24-cv-06327-DOC-AJR Date: August 22, 2024

Page 3 of 5

Title: Jimmie E. Stephens v. Warden J. Schultz et al.,

28454, at *1 (N.D. Cal. Jan. 23, 1995) (same); see Dunne v. Henman, 875 F.2d 244, 249

(9th Cir. 1989) (“The proper forum to challenge the execution of a sentence is the district

where the prisoner is confined.”); accord Thomas v. United States, 50 F.3d 16 (9th Cir.

1995).

While Petitioner was convicted in Los Angeles County, he is confined at CSP-

Solano. (Dkt. 1 at 1). CSP-Solano is located in Vacaville, Solano County, California,

which lies within the Eastern District of California. See 28 U.S.C. § 84(b). Because

Petitioner’s claims relate to the denial of parole - in other words, the execution of his

sentence - venue is proper in the Eastern District of California. Therefore, the Court

concludes that it appears that this action should proceed in the Eastern District of

California rather than the Central District of California. See Braden v. 30th Judicial

Circuit Court of Kentucky, 410 U.S. 484, 494 (1973) (“The expense and risk of

transporting the petitioner to the [district of conviction], should his presence at a hearing

prove necessary, would in all likelihood be outweighed by the difficulties of transporting

records and witnesses from [the district of conviction] to the district where petitioner is

confined.”).

Further, the Court notes that Petitioner’s challenge to the BPH’s decision appears to

be based, in whole or in part on California’s Racial Justice Act2 (“CRJA”). (See Dkt. 1 at

5, 17.) Petitioner is advised that, to the extent he intends to seek relief based on the

CRJA, Petitioner cannot state a cognizable habeas claim. Indeed, the Supreme Court has

“stated many times that federal habeas corpus relief does not lie for errors of state law.”

Estelle v. McGuire, 502 U.S. 62, 67 (1991) (internal quotation marks omitted); see Wilson

v. Corcoran, 562 U.S. 1, 5 (2010) (“[I]t is only noncompliance with federal law that

renders a State’s criminal judgment susceptible to collateral attack in the federal courts.”

(emphasis in original)).

2 The CRJA was enacted in 2020 and is codified in California Penal Code section 745.

Under the CRJA, a defendant who can show that his conviction or sentence was based on

his race, ethnicity, or national origin is entitled to have his conviction or sentence

vacated. Cal. Penal Code § 745(e)(2)(A)(B).

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 2:24-cv-06327-DOC-AJR Date: August 22, 2024

Page 4 of 5

Title: Jimmie E. Stephens v. Warden J. Schultz et al.,

Moreover, this Court cannot redetermine an issue of state law. See Waddington v.

Sarausad, 555 U.S. 179, 192 n.5 (2009) (“[W]e have repeatedly held that it is not the

province of a federal habeas court to reexamine state-court determinations on state-law

questions.” (internal quotation marks omitted)); Mullaney v. Wilbur, 421 U.S. 684, 691

(1975) (“[S]tate courts are the ultimate expositors of state law . . . .”). The Antiterrorism

and Effective Death Penalty Act’s Section 2254 only grants this Court authority to review

violations of federal law, not claims arising under the CRJA. See, e.g., Wynn v. Foulk,

2021 WL 6135325, at *4 (N.D. Cal. Dec. 29, 2021) (holding that claim for relief under

CRJA was not cognizable on federal habeas under § 2254); Montgomery v. Matteson,

2022 WL 16556042, at *8 (C.D. Cal. Sept. 14, 2022) (same), report and recommendation

adopted, 2022 WL 16556011 (C.D. Cal. Oct. 31, 2022); Muniz v. Phillips, 2024 WL

1343127, at *3 (C.D. Cal. Mar. 28, 2024) (“Claims brought under the CJRA are likewise

not cognizable under federal habeas review.”).

Finally, Petitioner is advised that the U.S. Supreme Court severely limited federal

court review of state parole board hearings in Swarthout v. Cooke, 562 U.S. 216 (2011).

Swarthout acknowledged that California law creates a liberty interest in parole protected

by the Due Process Clause, which is reasonable and requires fair procedures. Id. at 219-

20. However, Swarthout also held that due process is satisfied where an inmate “is

allowed an opportunity to be heard and was provided a statement of the reasons why

parole was denied.” Id. at 220 (citing Greenholtz v. Inmates of Neb. Penal and

Correctional Complex, 442 U.S. 1, 16 (1979)). Swarthout bars any challenge to the

sufficiency of the evidence to support the Board’s decision. See Roberts v. Hartley, 640

F.3d at 1046 (itI “makes no difference that [the petitioner] may have been subjected to a

misapplication of California’s ‘some evidence’ standard. A state’s misapplication of its

own laws does not provide a basis for granting” relief.); Miller v. Oregon Bd. of Parole

and Post-Prison Supervision, 642 F.3d 711, 717 (9th Cir. 2011) (holding that the issue was

not whether the Board’s parole denial was substantively reasonable,” or whether the Board

correctly applied state parole standards, but simply was “whether the state provided Miller

with the minimum procedural due process outline in [Swarthout v.] Cooke”). Thus, to the

extent Petitioner seeks to challenges the BPH’s decision based on the evidence used at that

hearing, it appears that challenge would be barred under Swarthout.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 2:24-cv-06327-DOC-AJR Date: August 22, 2024

Page 5 of 5

Title: Jimmie E. Stephens v. Warden J. Schultz et al.,

Accordingly, Petitioner is hereby ORDERED TO SHOW CAUSE, by

September 13, 2024, why this action should not be transferred to the U.S. District Court

for the Eastern District of California or dismissed for failure to state a cognizable habeas

claim. Petitioner may satisfy this Order by filing a declaration setting forth any reason

why venue should remain in the Central District of California, stating a basis other than

the CJRA for his challenge of the BPH’s decision, and stating why Swarthout does not bar

his claim.

Instead of filing a response to the instant Order, Petitioner may request a

voluntary dismissal of this action pursuant to Federal Rule of Civil Procedure 41(a).

A Notice of Dismissal form is attached for Petitioner’s convenience. However,

Petitioner is advised that any dismissed claims may later be subject to the applicable

statute of limitations. Petitioner is expressly warned that failure to timely file a

response to this Order will result in a recommendation that this action be dismissed

with prejudice for failure to comply with Court orders and failure to prosecute. See

Fed. R. Civ. P. 41(b).

The Clerk of the Court is directed to serve a copy of this Order upon Petitioner at

his address of record.

IT IS SO ORDERED.

Attachment:

CV-09, Notice of Dismissal Pursuant to Federal Rules of Civil Procedure 41(a) or (c).

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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