Opinion
22-CV-6129 (LTS)
10-11-2022
JAHI AMADI HASANATI, Petitioner, v. STATE OF FLORIDA, et al., Respondents.
ORDER
Laura Taylor Swain Chief United States District Judge
Petitioner brings this action pro se. By order dated September 6, 2022, the Court held that if Petitioner wished to pursue relief under 28 U.S.C. § 2254, challenging a special condition of his conditional medical release that barred him from opening a checking account, he must file an amended petition demonstrating: (1) that he was challenging the special condition on some federal constitutional ground, and (2) that he had fully exhausted this constitutional claim in state court by raising it through one complete round of review. The Court's order directed Petitioner to submit his amended petition within 60 days, which makes it due on or before Monday, November 7, 2022.
By “declaration” filed on September 28, 2022, Petitioner raises arguments about the validity of the statutes under which he was convicted. Petitioner seems to suggest that he needs more time to articulate his challenge to his 2011 conviction in Florida, which he has already repeatedly attacked in earlier Section 2254 petitions. See, e.g., Hasanati v. United States, No. 3:20-CV-942, 2020 WL 6150920, at *2 (M.D. Fla. Oct. 20, 2020) (“[I]f Petitioner is attempting to challenge his conviction or sentence, he cannot do so without the Eleventh Circuit's permission, because the Southern District of Florida previously adjudicated Petitioner's habeas corpus petition under [S]ection 2254. See Case No. 1:17-CV-20682-JAL (S.D. Fla.).”). Petitioner seeks an extension of 30 days leave beyond the leave that he was granted, which has not yet expired.
The Court noted in the September 6, 2022, order directing Petitioner to amend his complaint that these challenges to the validity of the statutes under which he was convicted have been repeatedly rejected.
Petitioner has not shown any reason for extending the time to file an amended Section 2254 petition. If Petitioner wishes to file an amended Section 2254 petition challenging the execution of his sentence (that is, the special condition(s) imposed during his medical release to Bronx County, New York), it must be filed as directed in the September 6, 2022, order to amend.
CONCLUSION
Petitioner's “declaration” requesting an extension of time to file an amended Section 2254 petition (ECF 15) is denied. If Petitioner wishes to file an amended Section 2254 petition, to challenge the execution of his sentence, he must do so on or before November 7, 2022.
The amended Section 2254 petition must be submitted to the Pro Se Intake Unit, be captioned as an “Amended Petition” and bear the same docket number as this order, 22-CV-6129. An Amended Petition Under 28 U.S.C. § 2254 form is attached to this order, and the Court encourages Petitioner to use this form. No answer shall be required and no subpoenas shall be issued at this time. If Petitioner fails to comply with this order within the time allowed, and cannot show good cause to excuse such failure, the petition will be denied without prejudice.
Because Petitioner has not at this time made a substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue).
SO ORDERED.
Petition for Relief From a Conviction or Sentence By a Person in State Custody
(Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus)
Instructions
1. To use this form, you must be a person who is currently serving a sentence under a judgment against you in a state court. You are asking for relief from the conviction or the sentence. This form is your petition for relief.
2. You may also use this form to challenge a state judgment that imposed a sentence to be served in the future, but you must fill in the name of the state where the judgment was entered. If you want to challenge a federal judgment that imposed a sentence to be served in the future, you should file a motion under 28 U.S.C. § 2255 in the federal court that entered the judgment.
3. Make sure the form is typed or neatly written.
4. You must tell the truth and sign the form. If you make a false statement of a material fact, you may be prosecuted for perjury.
5. Answer all the questions. You do not need to cite law. You may submit additional pages if necessary. If you do not fill out the form properly, you will be asked to submit additional or correct information. If you want to submit a brief or arguments, you must submit them in a separate memorandum.
6. You must pay a fee of $5. If the fee is paid, your petition will be filed. If you can not pay the fee, you may ask to proceed in forma pauperis (as a poor person). To do that, you must fill out the last page of this form. Also, you must submit a certificate signed by an officer at the institution where you are confined showing the amount of money that the institution is holding for you. If your account exceeds $, you must pay the filing fee.
7. In this petition, you may challenge the judgment entered by only one court. If you want to challenge a judgment entered by a different court (either in the same state or in different states), you must file a separate petition.
8. When you have completed the form, send the original and copies to the Clerk of the United States District Court at this address:
Clerk, United States District Court for Address City, State Zip Code
9. CAUTION: You must include in this petition all the grounds for relief from the conviction or sentence that you challenge. And you must state the facts that support each ground. If you fail to set forth all the grounds in this petition, you may be barred from presenting additional grounds at a later date.
10. CAPITAL CASES: If you are under a sentence of death, you are entitled to the assistance of counsel and should request the appointment of counsel.