Hohmann v. Napa Superior Court

Background

Robert C. Hohmann, a prisoner at Pleasant Valley State Prison, filed a complaint without a lawyer under 42 U.S.C. § 1983. He alleged that his court-appointed public defender, Molly Hendry, had not kept him informed about the status of his appeal from his May 2020 criminal conviction in Napa County Superior Court. He sought an order requiring Ms. Hendry and/or the Napa County Superior Court to acknowledge the appeal and notify him of its status.

Screening standard

Because Hohmann was a prisoner seeking relief from governmental entities or personnel, the court was required to conduct preliminary screening under 28 U.S.C. § 1915A. The court had to dismiss the complaint, or part of it, if it was frivolous, malicious, failed to state a claim on which relief could be granted, or sought money from a defendant immune from such relief. The court also noted that complaints filed without a lawyer must be read liberally.

Reasons for dismissal

To state a claim under Section 1983, a plaintiff must allege both a violation of a federal constitutional or statutory right and conduct by a person acting under color of state law. The court held that Hohmann could not sue his public defender under Section 1983 to compel acknowledgment and notification of the appeal. A public defender does not act under color of state law when performing traditional lawyer functions, and the court stated that those functions include filing an appeal and providing post-conviction representation.

The court also held that the Eleventh Amendment barred a Section 1983 suit against a state superior court. It further explained that the federal mandamus statute allows a federal court to compel an officer or employee of the United States, or a federal agency, to perform a duty owed to the plaintiff. It does not give this court power to direct state courts, state judicial officers, or other state officials. The court stated that the relief Hohmann sought might be available through a mandamus petition in state court.

The court additionally reported that an online search of Hohmann’s May 28, 2020 conviction and sentence from Napa County Superior Court showed that neither the conviction nor the sentence had been appealed to the California Court of Appeal.

Disposition

The court dismissed the complaint under 28 U.S.C. § 1915A(b) for failure to state a claim on which relief could be granted. The clerk was instructed to close the file. The opinion does not state that the dismissal was with or without prejudice.