United States District Court, D. Minnesota
REPORT AND RECOMMENDATION
BOWBEER, UNITED STATES MAGISTRATE JUDGE.
Aiyetoro Aheen Holmes presents this petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254. [Doc. No.
1.] The petition is now before the Court for review under
Rule 4 of the Rules Governing Section 2254 Cases in the
United States District Courts. Based on that review, this
Court now recommends that the petition be dismissed without
prejudice for failure to exhaust state remedies.
habeas corpus petition filed by Holmes is not entirely clear
about the circumstances of her detention, but the exhibits
attached to her petition show that Holmes was committed by
the Minnesota Commissioner of Human Services as a person who
is mentally ill on June 9, 2016. (Pet. Ex. at 27 [Doc. No.
1-1].) Holmes has more than once been provisionally
discharged from that commitment, but on January 3, 2018, a
notice of intent to revoke provisional discharge was
submitted to the Hennepin County District Court.
(Id. at 32.) The docket of Holmes's commitment
proceedings maintained by the state courts indicates that her
provisional discharge was, in fact, revoked by order of the
Hennepin County District Court on February 2, 2018. See
In the Matter of the Civil Commitment of
Holmes, No. 27-MH-PR-17-210 (Minn. Dist. Ct.).
challenges the validity of her recommitment in several
respects, including the legality of the underlying
proceedings. Under § 2254(b)(1), however,
[a]n application for a writ of habeas corpus on behalf of a
person in custody pursuant to the judgment of a State court
shall not be granted unless it appears that -
(A) the applicant has exhausted the remedies available in the
courts of the State; or
(B) (i) there is an absence of available State corrective
(ii) circumstances exist that render such process ineffective
to protect the rights of the applicant.
habeas corpus petition is governed by § 2254(b), as she
is held “in custody pursuant to the judgment of a State
court.” See Beaulieu v. Minnesota, No.
06-cv-4764 (JMR/JSM), 2007 WL 2915077, at *5 (D. Minn. Oct.
4, 2007) (“The exhaustion requirement applies equally
to those who are in state custody due to a civil commitment,
as it does to state prisoners.”). Holmes has not
exhausted the remedies available in the state courts, as a
civil detainee held pursuant to Minn. Stat. § 253B.15
(such as Holmes) may appeal from the judgment of detention,
and Holmes has not yet done so. Cf. In re Larsen,
No. A03-1410, 2004 WL 1049844, at *4 (Minn.Ct.App. May 11,
2004). And nothing about this matter indicates that
state-court processes are unavailable to Holmes or that
circumstances exist that render those processes ineffective.
cannot seek habeas corpus relief in federal court until she
has exhausted available remedies in the state courts. Because
she has not yet done so, it is recommended that this matter
be dismissed without prejudice.
two matters merit further comment. First, Holmes's
application to proceed in forma pauperis must be
denied, as her habeas corpus petition cannot be entertained.
See Kruger v. Erickson, 77 F.3d 1071, 1074 n.3 (8th
Cir. 1996) (per curiam). Second, a § 2254 habeas corpus
petitioner cannot appeal an adverse ruling on her petition
unless she is granted a certificate of appealability
(“COA”). See 28 U.S.C. §
2253(c)(1); Fed. R. App. P. 22(b)(1). A COA cannot be granted
unless the petitioner “has made a substantial showing
of the denial of a constitutional right.” 28 U.S.C.
§ 2253(c)(2). To make such a showing, “[t]he
petitioner must demonstrate that reasonable jurists would
find the district court's assessment of the
constitutional claims debatable or wrong.” Slack v.
McDaniel, 529 U.S. 473, 484 (2000). In this case, it is
highly unlikely that any other court, including the Eighth
Circuit Court of Appeals, would treat Holmes's current
habeas corpus petition differently than it is being treated
here. Holmes has not identified, and this Court cannot
discern, anything novel, noteworthy or worrisome about this
case that warrants appellate review. It is therefore
recommended that Holmes not be granted a COA in this matter.
on the foregoing, and on all of the files, records, and
proceedings herein IT IS HEREBY RECOMMENDED
1. The petition for a writ of habeas corpus of petitioner
Aiyetoro Aheen Holmes [Doc. No. 1] be DENIED WITHOUT
PREJUDICE for ...