Debenedetto v. Rardin

Background

Gary Debenedetto filed an amended petition for a writ of habeas corpus under 28 U.S.C. § 2241, challenging matters related to his civil commitment. The magistrate judge recommended denying the petition and dismissing the action. The recommendation also stated that Debenedetto’s application to proceed without prepaying fees or costs should be denied as moot.

Debenedetto filed several objections. Because he represented himself, the court interpreted his filings generously. The court understood the objections to challenge the recommendation’s treatment of alleged false testimony and to repeat allegations from the amended petition.

Debenedetto also filed a second amended petition. The court treated that filing as a motion for permission to amend because he had already amended his petition once. The court denied permission to amend because the proposed petition failed for the same reasons as the existing amended petition. The opinion states that Debenedetto raised ineffective-assistance-of-counsel arguments for the first time in his objections, so the court did not address them.

Court’s Analysis

After reviewing the challenged portions of the recommendation independently, the court agreed with the magistrate judge. It concluded that the claims in the amended petition had been, or should have been, raised either on direct appeal from the civil-commitment order or in one of Debenedetto’s prior habeas petitions challenging the validity of his civil commitment.

Disposition

The court adopted the Report and Recommendation, denied Debenedetto’s amended petition for a writ of habeas corpus under § 2241, and dismissed the action without prejudice. The order directed that judgment be entered accordingly. Judge Jeffrey M. Bryan signed the order.