Beck v. Covello
- Yvonne Rogers
- 4:20-cv-01894
- U.S. District Court · Northern District of California
- 2
In Beck v. Covello, Judge Rogers dismissed Beck’s prison petition for lack of custody jurisdiction but granted his fee-waiver request.
Jason Michael Beck’s petition was dismissed; his request to proceed without paying the filing fee was granted.
What happened
Beck v. Covello involved Jason Michael Beck’s petition challenging a $10,000 restitution fine imposed in 2009 as part of his sentence for second-degree murder. Beck, who was representing himself, also asked to proceed without paying court fees.
The court ruled that this type of petition could proceed only if success would change the restraint on Beck’s liberty. Setting aside the restitution fine would not change his prison sentence or otherwise affect his imprisonment, so the court dismissed the petition because it lacked jurisdiction over the claim.
Judge Yvonne Gonzalez Rogers granted Beck’s request to proceed without paying court fees, dismissed the petition, terminated the pending motions, and closed the case.
The detailed version
- Beck v. Covello · No. 4:20-cv-01894
- Yvonne Rogers
- June 3, 2020
Background
Jason Michael Beck, a state prisoner at Mule Creek State Prison, filed a petition under 28 U.S.C. § 2254 seeking a court order reviewing his state-court custody. The petition challenged only a $10,000 restitution fine imposed by the Contra Costa County Superior Court in June 2009 as part of Beck’s sentence of 21 years to life for second-degree murder. Beck represented himself. He also moved for leave to proceed in forma pauperis, meaning without paying the filing fee.
Court’s reasoning
Section 2254 allows a state prisoner to seek relief only when the alleged violation is connected to the custody being challenged. The court explained that the petition must involve a restraint on the petitioner’s liberty and that success must result in a change to that restraint. Beck’s challenge concerned only the restitution component of his sentence. Even if the fine were set aside, he would still serve the rest of his prison sentence in the same manner. The court therefore concluded that the required connection between the claim and Beck’s custody was missing.
Ruling
The court dismissed the petition for lack of “in custody” jurisdiction. It granted Beck’s motion for leave to proceed without paying the filing fee, directed the clerk to terminate all pending motions and close the file, and stated that the order terminated Docket Nos. 2 and 7. Judge Yvonne Gonzalez Rogers signed the order on June 3, 2020.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.