Opinion
C. A. 8:22-cv-1955-RMG-JDA
07-19-2022
Kelvin Toyo Henry, Plaintiff, v. Warden of Greenville County Detention Center, Defendant.
REPORT AND RECOMMENDATION
Jacquelyn D. Austin United States Magistrate Judge
Kelvin Toyo Henry (“Petitioner”), proceeding pro se and in forma pauperis, brings this habeas action pursuant to 28 U.S.C. § 2254. Petitioner is a pretrial detainee at the Greenville County Detention Center (the “Detention Center”). He files this action under 28 U.S.C. § 1915 and § 1915A. Pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B), and Local Civil Rule 73.02(B)(2)(d), D.S.C., the undersigned Magistrate Judge is authorized to review such petitions for relief and submit findings and recommendations to the District Court. For the reasons below, the undersigned concludes that the District Court should dismiss the Petition.
BACKGROUND
Petitioner commenced this action by filing a handwritten document seeking habeas relief related to his present incarceration at the Detention Center purportedly under 28 U.S.C. § 2254. [Doc. 1.] Thereafter, Petitioner filed a standard court form petition. [Doc. 1-2.] The Court construes both of these documents together as the Petition filed in this matter. Petitioner also filed a brief in support of his Petition. [Doc. 1-3.] The Court has carefully reviewed all of Petitioner's submissions in this case as well as the documents in Petitioner's pending state court action.
The undersigned takes judicial notice of the documents in Petitioner's pending criminal actions in the state court. See Philips v. Pitt Cty. Mem. Hosp., 572 F.3d 176, 180 (4th Cir. 2009) (explaining that courts “may properly take judicial notice of matters of public record”); Colonial Penn Ins. Co. v. Coil, 887 F.2d 1236, 1239 (4th Cir. 1989) (“We note that ‘the most frequent use of judicial notice is in noticing the content of court records.'”).
Petitioner asserts the following grounds for habeas relief. First, Petitioner contends that he is a victim; he was never allowed to give a statement related to his charges; and he has been threatened by law enforcement, sexually assaulted, shot on camera, lied to by the police, and deprived of medical treatment. [Doc. 1-2 at 6.] Second, Petitioner contends that his religious rights have been violated pertaining to his marriage. [Id.] Third, Petitioner contends the Sheriff's Office conducted an improper investigation into his charges, engaged in discrimination, used the wrong dates and video footage, and issued a warrant for his arrest with no evidence. [Id.] Fourth, Petitioner contends that he slipped and fell in the shower and hurt his back, that he has a serious gunshot wound that needs medical attention, and that he injured his foot. [Id. at 7.]
For his relief, Petitioner requests that his charges be dropped, that he receive medical treatment for his injuries, that he be released from incarceration, and that he be compensated for his pain and suffering related to his injury from his slip and fall. [Id.]
STANDARD OF REVIEW
Under established local procedure in this judicial district, a careful review has been made of the pro se pleadings pursuant to the procedural provisions of the Anti-Terrorism and Effective Death Penalty Act of 1996. The review has been conducted in light of the following precedents: Denton v. Hernandez, 504 U.S. 25 (1992); Neitzke v. Williams, 490 U.S. 319, 324-25 (1989); Haines v. Kerner, 404 U.S. 519 (1972); Nasim v. Warden, Md. House of Corr., 64 F.3d 951 (4th Cir. 1995) (en banc); Todd v. Baskerville, 712 F.2d 70 (4th Cir. 1983); Loe v. Armistead, 582 F.2d 1291 (4th Cir. 1978); and Gordon v. Leeke, 574 F.2d 1147, 1151 (4th Cir. 1978). This Court is charged with screening Petitioner's lawsuit to determine if “it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court.” Rule 4 of Rules Governing Section 2254 Cases in the United States District Courts; see also Rule 1(b), Rules Governing § 2254 Cases (allowing district courts to apply the rules to other § 2241 petitions).
Further, Petitioner filed this action pursuant to 28 U.S.C. § 1915, the in forma pauperis statute. This statute authorizes the district court to dismiss a case if it is satisfied that the action “fails to state a claim on which relief may be granted,” is “frivolous or malicious,” or “seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B). Finally, Petitioner is a prisoner under the definition in 28 U.S.C. § 1915A(c), and “seeks redress from a governmental entity or officer or employee of a governmental entity.” 28 U.S.C. § 1915A(a). Thus, even if Petitioner had prepaid the full filing fee, this Court is charged with screening Petitioner's lawsuit to identify cognizable claims or to dismiss the Petition if (1) it is frivolous, malicious, or fails to state a claim upon which relief may be granted or (2) seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A.
Because Petitioner is a pro se litigant, his pleadings are accorded liberal construction and held to a less stringent standard than formal pleadings drafted by attorneys. See Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam). However, even under this less stringent standard, the pro se pleading remains subject to summary dismissal. The mandated liberal construction afforded to pro se pleadings means that if the Court can reasonably read the pleadings to state a valid claim on which Petitioner could prevail, it should do so, but a district court may not rewrite a petition to include claims that were never presented, Barnett v. Hargett, 174 F.3d 1128, 1133 (10th Cir. 1999), or construct Petitioner's legal arguments for him, Smallv. Endicott, 998 F.2d 411,417-18 (7th Cir. 1993), or “conjure up questions never squarely presented” to the Court, Beaudett v. City of Hampton, 775 F.2d 1274, 1278 (4th Cir. 1985). The requirement of liberal construction does not mean that the Court can ignore a clear failure in the pleading to allege facts which set forth a claim cognizable in a federal district court. See Weller v. Dep't of Soc. Servs., 901 F.2d 387, 391 (4th Cir. 1990).
DISCUSSION
Habeas Corpus Claims
As noted, Petitioner seeks release from his current detention on his pending charges, and he asks the Court to dismiss those charges. [Doc. 1-2 at 7.] However, Petitioner's claims are not properly before this Court based on the Younger abstention doctrine. This is so because granting Petitioner's requested relief would require this Court to interfere with or enjoin his pending state court proceedings. As discussed below, because a federal court may not award relief that would affect pending state proceedings absent extraordinary circumstances, this Court should abstain from interfering with it.
In Younger v. Harris, 401 U.S. 37 (1971), the Supreme Court held that a federal court should not equitably interfere with state criminal proceedings “except in the most narrow and extraordinary of circumstances.” Gilliam v. Foster, 75 F.3d 881, 903 (4th Cir. 1996) (en banc) (internal quotation marks omitted). The Younger Court noted that courts of equity should not act unless the moving party has no adequate remedy at law and will suffer irreparable injury if denied equitable relief. Younger, 401 U.S. at 43-44; see also Sprint Commc'ns, Inc. v. Jacobs, 571 U.S. 69, 72-73 (2013) (explaining the circumstances when Younger abstention is appropriate).
From Younger and its progeny, the Court of Appeals for the Fourth Circuit has culled the following test to determine when abstention is appropriate: “[1] there are ongoing state judicial proceedings; [2] the proceedings implicate important state interests; and [3] there is an adequate opportunity to raise federal claims in the state proceedings.” Martin Marietta Corp. v. Md. Comm'n on Human Relations, 38 F.3d 1392, 1396 (4th Cir. 1994) (citing Middlesex Cty. Ethics Comm'n v. Garden State Bar Ass'n, 457 U.S. 423, 432 (1982)). Here, Petitioner is involved in ongoing state criminal proceedings, and he asks this Court to award relief for alleged constitutional violations and to require his immediate release from detention on the pending state charges against him; thus, the first element is satisfied. See Boyd v. South Carolina, No. 1:11-cv-2981-TMC-SVH, 2012 WL 786341, at *2 (D.S.C. Feb. 10, 2012) (noting the first prong of the abstention test was satisfied where the petitioner alleged that “he is currently awaiting trial in an ongoing state criminal proceeding”), Report and Recommendation adopted by 2012 WL 786356 (D.S.C. Mar. 9, 2012). The second element is satisfied for reasons the Supreme Court has explained: “[T]he States' interest in administering their criminal justice systems free from federal interference is one of the most powerful of the considerations that should influence a court considering equitable types of relief.” Kelly v. Robinson, 479 U.S. 36, 49 (1986). The third element is also satisfied, as Petitioner can raise his constitutional claims in the state court.
A ruling in Petitioner's favor in this case would call into question the validity of the state court proceedings against him and would significantly interfere with those ongoing state proceedings. See Younger, 401 U.S. at 43-45; Cinema Blue of Charlotte, Inc. v. Gilchrist, 887 F.2d 49, 52 (4th Cir. 1989) (“[F]ederal courts should abstain from the decision of constitutional challenges to state action, however meritorious the complaint may be, ‘whenever [the] federal claims have been or could be presented in ongoing state judicial proceedings that concern important state interests.'”) (citation omitted); Washington v. Tilton, No. 2:10-cv-997-HFF-RSC, 2010 WL 2084383, at *1 (D.S.C. May 19, 2010). This Court finds that Petitioner can raise his federal constitutional rights in the state court proceedings. Thus, this Court should dismiss this case without prejudice on abstention grounds pursuant to Younger. See Nivens v. Gilchrist, 444 F.3d 237, 247 (4th Cir. 2006) (explaining that “when a district court abstains from a case based on Younger, it should typically dismiss the case with prejudice; not on the merits”).
Civil Rights Claims
Petitioner also is seeking injunctive relief and money damages for violations of his civil rights. Specifically, Petitioner requests “medical treatment for [his] injury” and “reward for injury on the slip and fall and pain and suffering.” [Doc. 1-2 at 7.] To the extent Petitioner seeks money damages, any such relief is unavailable in this habeas action. See Alford v. South Carolina, No. 9:18-cv-2562-HMH-BM, 2018 WL 6705526, at *2 (D.S.C. Nov. 26, 2018) (“the habeas statutes do not authorize monetary damages, such that Petitioner's request for money is not available in this action”), Report and Recommendation adopted by 2018 WL 6696723 (D.S.C. Dec. 20, 2018). Instead, Petitioner must file a civil rights action pursuant to 42 U.S.C. § 1983. Accordingly, Petitioner's claims for money damages should be dismissed without prejudice to his right to filed a civil rights action against the appropriate defendants. See McKinney-Bey v. Hawk-Sawyer, 69 Fed.Appx. 113, 113 (4th Cir. 2003).
CONCLUSION AND RECOMMENDATION
Accordingly, it is recommended that Petition filed in this action be DISMISSED without requiring the Respondent to file a return.
The undersigned finds that Petitioner cannot cure the defects in his Petition by mere amendment and therefore recommends that the instant action be dismissed without affording Petitioner an opportunity to amend because amendment would be futile. See Thomas v. Drive Auto. Indus. of Am., Inc., No. 6:18-cv-169-AMQ, 2018 WL 5258811, at *2 (D.S.C. July 25, 2018) (declining to automatically give plaintiff leave to amend because plaintiff could not cure the defects in his claims against defendant by mere amendment), Report and Recommendation adopted by 2018 WL 5255183 (D.S.C. Oct. 22, 2018); Workman v. Kernell, No. 6:18-cv-00355-RBH-KFM, 2018 WL 4826535, at *2 (D.S.C. Oct. 2, 2018) (declining to give plaintiff leave to amend because it would be futile for plaintiff to amend his complaint against the defendants being dismissed), aff'd, 766 Fed.Appx. 1 (4th Cir. 2019). Here, Petitioner's state criminal charges remain pending at this time, and he can raise the issues complained of herein with the state court.
IT IS SO RECOMMENDED.
Notice of Right to File Objections to Report and Recommendation
The parties are advised that they may file specific written objections to this Report and Recommendation with the District Judge. Objections must specifically identify the portions of the Report and Recommendation to which objections are made and the basis for such objections. “[I]n the absence of a timely filed objection, a district court need not conduct a de novo review, but instead must ‘only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.'” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310 (4th Cir. 2005) (quoting Fed.R.Civ.P. 72 advisory committee's note).
Specific written objections must be filed within fourteen (14) days of the date of service of this Report and Recommendation. 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b); see Fed.R.Civ.P. 6(a), (d). Filing by mail pursuant to Federal Rule of Civil Procedure 5 may be accomplished by mailing objections to:
Robin L. Blume, Clerk
United States District Court
250 East North Street, Suite 2300 Greenville, South Carolina 29601
Failure to timely file specific written objections to this Report and Recommendation will result in waiver of the right to appeal from a judgment of the District Court based upon such Recommendation. 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140 (1985); Wright v. Collins, 766 F.2d 841 (4th Cir. 1985); United States v. Schronce, 727 F.2d 91 (4th Cir. 1984).