Miramontes-Peraza v. Hernandez
- Proceeding
- district
- Area
- civil
- Panel
- Cathy Ann Bencivengo (author)
Analysis
The court reviewed a habeas corpus petition filed by a criminal defendant who was out on bond and representing himself in a pending federal criminal case. The court dismissed the petition with prejudice, holding that habeas corpus is not the proper vehicle to challenge the merits of a pending criminal prosecution, and denied a certificate of appealability.
| What the court decided | The model |
|---|---|
Habeas corpus petition dismissed with prejudice“The habeas corpus petition, Doc. No. 1, is DISMISSED WITH PREJUDICE.” | agree with court The court correctly applied the well-established principle that a criminal defendant cannot use a § 2241 petition to challenge the merits of a pending criminal prosecution or to assert defenses that can be raised in the trial court. The record indicates the petitioner is out on bond and has been granted self-representation, meaning he has an adequate and effective means to vindicate his rights in the criminal proceeding. Dismissing with prejudice is appropriate because the petition is procedurally improper and the issues must be raised in the criminal case. |
Certificate of appealability denied“A certificate of appealability is therefore DENIED.” | agree with court The court certified that an appeal could not be taken in good faith under 28 U.S.C. § 1915(a)(3) and denied a certificate of appealability under 28 U.S.C. § 2253(c). Given the clear procedural bar against using habeas corpus to challenge pending criminal proceedings, the petitioner has not made a substantial showing of the denial of a constitutional right, making the denial of the COA appropriate. |
The order itself: sound — The order correctly identifies that the petitioner is attempting to use a habeas petition to challenge the merits of a pending criminal case, which is procedurally improper. It cites binding Supreme Court precedent (Jones v. Perkins) and recent district court authority (Oster) to support the dismissal. The court also appropriately notes the lack of authority to interfere with another judge's case. The reasoning is sound and directly addresses the motion with the correct authorities.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ISAAC NATANAEL MIRAMONTES- Case No.: 25cv70-CAB-SBC PERAZA, 12 ORDER DISMISSING PETITION Petitioner, 13 v. 14 MICHAEL A. HERNANDEZ, et al, 15 Respondents. 16 17 On January 13, 2025, Petitioner filed a writ of habeas corpus pursuant to 28 U.S.C. 18 Section 2241. [Doc. No. 1.] Petitioner is currently a defendant in an ongoing criminal 19 proceeding in this Court before a different district court judge. See generally, 24cr1822- 20 AGS. In that criminal proceeding, Petitioner is currently out on bond. [24cr1822, Doc. 21 Nos. 30, 33.] Petitioner has also been allowed, at his request, to represent himself in the 22 criminal proceedings. [24cr1822, Doc. No. 33.] In this petition, while there is some 23 mention of conditions of confinement (which are now moot), Petitioner primarily 24 addresses the merits of the criminal case, and voices frustration with his attorney and the 25 trial court’s rulings. [Doc. No. 1 at 28-35.] 26 It is well established that a criminal defendant cannot use a petition for writ of 27 habeas corpus to challenge the district court's orders or assert defenses in a pending 28 1 || federal criminal prosecution. See Jones v. Perkins, 245 U.S. 390, 391 (1918) (“It is well 2 || settled that in the absence of exceptional circumstances in criminal cases the regular 3 || judicial procedure should be followed and habeas corpus should not be granted in 4 ||advance of a trial.”’). See also Oster v. United States, --F.Supp.3d--, 2025 WL 259589, at 5 |} *1-2 (C.D. Cal. Jan. 20, 2025)(so long as such detainees can adequately and effectively 6 || vindicate their rights and adjudicate the merits of their charges in their criminal 7 || proceedings, they cannot short-circuit those proceedings by simultaneously petitioning 8 || for release under § 2241.) Here, Petitioner has an adequate and effective means to 9 || vindicate his rights in the trial court, as shown by the fact that he is out on bond and 10 || allowed to represent himself in the criminal proceedings. Finally, given the ongoing 11 |/nature of the criminal proceeding, this Court declines to interfere with another judge's 12 || assigned case. See Mullis v. U.S. Bankr. Ct. for Dist. of Nevada, 828 F.2d 1385, 1393 13 || (9th Cir. 1987) (“[a] district court lacks authority to issue a writ of mandamus to another 14 || district court.”). Therefore, Petitioner's challenges to the district court’s actions in his 15 || federal criminal prosecution must be dismissed. Petitioner must properly pursue these 16 |/issues in his pending criminal case before the trial court. 17 Accordingly, IT IS HEREBY ORDERED: 18 1. The habeas corpus petition, Doc. No. 1, is DISMISSED WITH PREJUDICE. 19 2. The Clerk's Office is directed to ENTER JUDGMENT and CLOSE the file. 20 3. The Court certifies that, pursuant to 28 U.S.C. § 1915(a)(3), an appeal from this 21 || decision could not be taken in good faith and there is no basis upon which to issue a 22 || certificate of appealability. See 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). A certificate 23 appealability is therefore DENIED. 24 Dated: January 27, 2025 € Z 25 Hon. Cathy Ann Bencivengo 26 United States District Judge 27 28