Hazeltine v. Wallace

Summary

The United States District Court for the Eastern District of California recommends dismissal of Rick Hazeltine’s habeas petition under 28 U.S.C. § 2254. The court concludes that several claims challenging his 1994 conviction are successive and that another claim concerning state-court motion rulings is not cognizable on federal habeas review. The court recommends that Hazeltine be permitted to file an amended petition limited to non-successive claims challenging his civil commitment.

Holdings

1. Claims challenging the 1994 conviction were second or successive because Hazeltine had previously pursued federal habeas relief concerning that conviction, and he had not obtained Ninth Circuit authorization to file another petition.
2. The claim challenging the Tuolumne County Superior Court's disposition of motions was not cognizable on federal habeas review because alleged errors in the application of state law and state procedure do not, without more, establish a federal constitutional violation.
3. The petition should be dismissed on preliminary review for presenting successive and noncognizable claims, with leave recommended to file an amended petition limited to non-successive claims challenging the civil commitment.

Questions Presented

1. Whether claims challenging the 1994 conviction were second or successive under 28 U.S.C. § 2244(b) and therefore outside the district court's jurisdiction absent authorization from the Ninth Circuit.
2. Whether the claim challenging the Tuolumne County Superior Court's disposition of motions presented a cognizable federal habeas claim.
3. Whether the petition should be dismissed at preliminary review and Hazeltine directed to file an amended petition limited to non-successive, cognizable claims concerning his civil commitment.

Disposition

dismissed