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Keywords

trialmotionhabeas corpusrespondentmotion to dismiss
appealtrialmotionhabeas corpusrespondentmotion to dismiss

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Ramirez; U.S. v.

Facts

Ramirez was convicted by a jury in California state court of two counts of unlawful acts with a child 10 years old and younger, and one count of continuous sexual abuse. On April 30, 2018, he filed a Petition for Writ of Habeas Corpus in the Central District of California, seeking relief on four grounds, including ineffective assistance of trial counsel and violations of his rights under the Confrontation Clause. The case was referred to a magistrate judge, who found that two of the claims were unexhausted and provided Ramirez with options regarding how to proceed.

Ramirez was convicted by a jury in California state court of two counts of unlawful acts with a child 10 years old and younger, and one count of continuous sexual abuse. On April 30, 2018, Ramirez, acting pro se, filed a Petition for Writ of Habeas Corpus, under 28 U.S.C. 2254, in the Central District of California, seeking relief on four grounds: (1) ineffective assistance of trial counsel, arguing that the victim recanted and that Ramirez had been tricked into admitting guilt; (2) trial and appellate counsel's failure to take certain actions, (3) appellate counsel's failure to file a timely notice of appeal; and (4) a violation of Ramirez's rights under the Confrontation Clause of the Sixth Amendment.

Issue

Whether the magistrate judge exceeded her authority in determining that Ramirez's April 30, 2018, petition was a mixed petition, subject to dismissal under Rose v. Lundy.

On appeal, Ramirez argues that, in deciding the exhaustion issue and issuing the 'options order' offering Ramirez various choices, the magistrate judge exceeded her authority.

Rule

A petition filed under 2254 shall not be granted unless the petitioner has 'exhausted the remedies available in the courts of the State,' and 'fairly present[ed]' the federal claims in state court. The Supreme Court imposed a 'total exhaustion' requirement, such that district courts are required to dismiss without prejudice 'mixed' petitions that contain both exhausted and unexhausted claims.

A petition filed under 2254 shall not be granted unless the petitioner has 'exhausted the remedies available in the courts of the State,' and 'fairly present[ed]' the federal claims in state court. 28 U.S.C. 2254(b)(1)(A); Duncan v. Henry, 513 U.S. 364, 365, 115 S. Ct. 887, 130 L. Ed. 2d 865 (1995) (per curiam). In Rose v. Lundy, 455 U.S.at 510, 522, the Supreme Court imposed a 'total exhaustion' requirement, such that district courts are required to dismiss without prejudice 'mixed' petitions that contain both exhausted and unexhausted claims.

Analysis

The court determined that the magistrate judge's order giving Ramirez options was not a dispositive order requiring a report and recommendation under 28 U.S.C. 636(b)(1)(A). The options order did not resolve or decide the respondent's motion to dismiss, nor did it dispose of a claim or defense of a party. Instead, it provided Ramirez with the opportunity to demonstrate exhaustion or seek a stay to return to state court.

Preliminarily identifying a claim as 'unexhausted' is not a dispositive matter. The magistrate judge's preliminary view that the Petition contained unexhausted claims did not constitute a ruling on Respondent's motion to dismiss, so as to trigger an obligation to submit a report and recommendation to the district court for review under 636(b)(1)(A). The options order did not dispose of a claim or defense of a party, or preclude the ultimate relief sought. See id. Instead, the order offered options, including inviting Ramirez to demonstrate exhaustion or seek a stay to be able to return to state court and perfect exhaustion.

Conclusion

The court affirmed the district court's decision, concluding that the magistrate judge's order did not exceed her authority and was not a dispositive order.

AFFIRMED.

Who won?

The prevailing party is the respondent, as the court affirmed the district court's denial of Ramirez's petition.

The magistrate judge's order giving petitioner options was not a dispositive order requiring a report and recommendation under 28 U.S.C.S. 636(b)(1)(A) because the magistrate judge's order giving did not resolve or decide respondent's motion to dismiss. The options order did not dispose of a claim or defense of a party, or preclude the ultimate relief sought.

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