Santos Cuevas v. Tyrell Davis

Summary

The United States District Court for the District of Idaho conducts an initial review of Santos Cuevas’s habeas corpus petition and addresses several pending motions. The court denies recusal, requires an amended petition complying with Habeas Rule 2(d) and clarification of the status of the challenged Idaho conviction and sentence, and orders Petitioner to pay the filing fee or seek in forma pauperis status. Several other motions, including requests for appointed counsel, removal of the clerk, scheduling, and severance, are denied or denied without prejudice.

Holdings

1. Recusal was not required because Cuevas did not present a viable legal theory or supporting evidence showing disqualifying bias, prejudice, or an objectively reasonable basis to question the judge's impartiality.
2. The petition did not comply with Habeas Rule 2(d), and Cuevas was required to file an amended petition substantially following the prescribed federal or local habeas form.
3. A petitioner must be in custody pursuant to the state-court judgment being challenged when the habeas petition is filed; if the challenged sentence has already been fully served, the federal court lacks subject matter jurisdiction over a petition directed solely at that conviction or sentence.

Questions Presented

1. Whether the assigned district judge was required to recuse under 28 U.S.C. §§ 144 or 455 based on the reassignment of the case and Cuevas's allegations of bias.
2. Whether the petition complied with Habeas Rule 2(d).
3. Whether the court had subject matter jurisdiction under 28 U.S.C. § 2254(a) when the status of the challenged Idaho conviction and sentence was unclear.
4. What procedural relief and deadlines were appropriate to permit Cuevas to submit an amended petition.

Disposition

other