United States District Court, D. Hawaii
ORDER FOR CLARIFICATION
E. KOBAYASHI UNITED STATES DISTRICT JUDGE
the court is pro se Petitioner Rudolph Lacaden's
pleading, titled, “Proceeding Motion for
Reconsideration, ” that is also labeled “In the
United States District Court for the District of
Hawaii.” ECF No. 1. Lacaden signed this document on
January 27 and sent it to the Hawaii First Circuit Court
(circuit court) on January 28, 2019. See ECF No.
1-2. The circuit court forwarded it to this court, which
received and filed the document on February 4, 2019.
Lacaden seeks “early release due to personal life
style, ” and pleads for the “courts to con[s]ider
this injun[c]tion on my behalf to grant me freedom, ”
the Clerk of Court opened this action as a Petition Under 28
U.S.C. § 2254 for Writ of Habeas Corpus by a Person in
State Custody and issued a Deficiency Order directing Lacaden
to pay the filing fee or submit an in forma pauperis
application. ECF Nos. 1, 2.
is apparently awaiting prosecution in two state criminal
proceedings: State v. Lacaden, 1FFC-19-0000046
(active, updated 01/23/2019); and 1FFC-19-0000028 (inactive,
updated 01/17/2019) (Haw. 1st Cir. 2019), avail:
https://jimspss1.courts.state.hi.us/JEFS. See Bias v.
Moynihan, 508 F.3d 1212, 1225 (9th Cir. 2007) (holding
court “‘may take notice of proceedings in other
courts . . . if those proceedings have a direct relation to
matters at issue'”). In exchange for consideration
for early release, Lacaden promises to obtain a job, housing,
and life insurance.
because Lacaden has never been a party to any criminal or
civil action in the federal courts, there are no decisions
for this court to “reconsider.” Rather, because
he sent the document to the circuit court, and has two
criminal proceedings pending before that court, it appears
that Lacaden seeks reconsideration of a determination by the
circuit court regarding release from state custody pending
Lacaden raises no federal bases for granting a writ of habeas
corpus, as required under § 2254. See 28 U.S.C.
§ 2254(a) (stating a federal court may entertain a
petition under this section “only on the ground that
[petitioner] is in custody in violation of the Constitution
or laws or treaties of the United States). The
“Petition” is therefore subject to summary
dismissal pursuant to Rule 4 of the Rules Governing §
2254 Cases in the United States District Courts.
if Lacaden is awaiting prosecution in the circuit court, this
federal court is likely required to abstain from adjudicating
any claims regarding his criminal proceedings pursuant to
Younger v. Harris, 401 U.S. 37, 43-54 (1971). Under
Younger, federal courts may not stay or enjoin
pending state criminal proceedings, or grant monetary damages
for constitutional violations arising from them absent
extraordinary circumstances. Mann v. Jett, 781 F.2d
1448, 1449 (9th Cir. 1986).
is appropriate when: (1) the state court criminal proceedings
are ongoing; (2) the proceedings implicate important state
interests; and (3) the state proceedings provide an adequate
opportunity to raise the constitutional claims. Middlesex
County Ethics Comm. v. Garden State Bar Ass'n, 457
U.S. 423, 432 (1982); Baffert v. Cal. Horse Racing
Bd., 332 F.3d 613, 617 (9th Cir. 2003). A federal court
may otherwise exercise jurisdiction only when state
proceedings are conducted in bad faith or extraordinary
circumstances exist. Baffert, 332 F.3d at 617.
on the foregoing, it is unclear whether Lacaden intended to
open a habeas action in this federal court or sought relief
in the Hawaii First Circuit Court and simply mislabeled his
pleading. Lacaden is ORDERED to clarify his intent in sending
his “Proceeding Motion for Reconsideration, ” to
the state circuit court, in writing on or before March 8,
Lacaden intended to seek reconsideration for early release
from the Hawaii First Circuit Court regarding his state
criminal proceedings, this court will dismiss this action and
vacate the Deficiency Order.
Lacaden intended to commence a federal action for writ of
habeas corpus pursuant to 28 U.S.C. § 2254, he must
clarify this in writing by the above ...