Fayed v. Warden SQSP

Background

James M. Fayed filed a petition under 28 U.S.C. § 2254, the federal statute used by a person in state custody to challenge an unconstitutional state conviction or sentence. The opinion states that Fayed was a condemned prisoner at San Quentin State Prison, was not represented by an attorney, and had paid the filing fee.

The petition did not identify the crimes for which Fayed was convicted, or the date or place of his conviction. Exhibits referred to a 2008 investigation into the murder of Fayed’s wife and to federal criminal proceedings in which Fayed and a company he founded were indicted for operating an unlicensed money-remitting business. Those federal charges were dismissed in September 2008. The petition did not make clear whether Fayed’s current state custody resulted from the murder case or another offense.

Court’s analysis

Fayed claimed that his arrest and imprisonment were false, that he experienced an illegal search and seizure and excessive bail, and that his rights to due process and under the Eighth Amendment were violated. He did not explain whether those claims challenged the state conviction underlying his current imprisonment. The court stated that the claims appeared possibly to concern the 2008 federal proceedings, including proceedings in which the charges had been dismissed.

The court held that it could not issue a federal habeas writ based on alleged violations in those federal proceedings because Fayed was not in custody under the federal indictment or the related pretrial detention orders when he filed the petition. The court also noted that Fayed expressly said he was not challenging the validity of his state conviction. Because he sought release from state prison, however, he would have to challenge the validity of the state conviction or sentence that formed the basis for his incarceration.

Disposition

The court dismissed the petition for a writ of habeas corpus with leave to amend. If Fayed wished to continue, he was required to file an amended petition by June 15, 2022, using the court’s § 2254 form and providing basic information about the state conviction and sentence, the crimes of conviction, and any direct appeals or state or federal habeas petitions. The amended petition had to replace the original petition and include all claims and allegations Fayed wished to pursue. The court stated that failure to file a compliant amended petition by the deadline would result in dismissal. The order was signed by Judge Jacquelyn Scott Corley.