Williams v. Apker

• Decision Date: 28 March 2011
• Docket Number: Civil Action No. 10–0522 (RMU).
• Citation: 774 F.Supp.2d 124
• Parties: Clifford WILLIAMS, Petitioner,v.Craig APKER, Respondent.
• Court: U.S. District Court — District of Columbia

774 F.Supp.2d 124

Clifford WILLIAMS, Petitioner,

v.Craig APKER, Respondent.

Civil Action No. 10–0522 (RMU).

United States District Court, District of Columbia.

March 28, 2011.

Clifford Williams, Tucson, AZ, pro se.Carolyn K. Kolben, U.S. Attorney's Office, Washington, DC, Respondent.

MEMORANDUM OPINION

RICARDO M. URBINA, District Judge.

Granting in Part and Denying in Part the Respondent's Motion to Dismiss

I. INTRODUCTION

This case is currently before the court on the respondent's motion to dismiss the petition for a writ of habeas corpus. The respondent argues that the court lacks subject matter jurisdiction over all but the petitioner's claim of ineffective assistance of appellate counsel. The respondent also contends that the petition is statutorily time-barred because the petitioner filed the petition more than one year after the time after his conviction became final. Although the respondent is correct that the court lacks jurisdiction over all but the petitioner's claim of ineffective assistance of appellate counsel, the respondent has not established that the petition is time-barred. The court therefore grants in part and denies in part the respondent's motion.

II. FACTUAL & PROCEDURAL BACKGROUND

The petitioner is currently incarcerated at the United States Penitentiary Tucson, where he is serving concurrent sentences imposed by the Superior Court of the District of Columbia in May 2003 following his convictions for mayhem while armed, aggravated assault while armed, carrying a dangerous weapon and assault with a dangerous weapon. See Inmate Locator, Fed. Bureau of Prisons, http:// www. bop. gov/ iloc 2/ Locate Inmate. jsp, (search for Register Number 33118–007); Application Under 28 U.S.C. § 2241 ¹ for Writ of Habeas Corpus by a Person in State or Fed. Custody (“Pet.”) ² at 1; Mem. Op. & J., at 1, Williams v. United States, No. 03–CF–1183 (D.C. Jan. 8, 2008). The petitioner appealed that conviction to the District of Columbia Court of Appeals, which upheld the conviction on January 8, 2008. See generally Mem. Op. & J., Williams v. United States, No. 03–CF–1183 (D.C. Jan. 8, 2008). The petitioner thereafter filed a petition for a writ of certiorari in the U.S. Supreme Court, see Pet. at 49 (Letter from William K. Suter, Clerk, U.S. Supreme Court, to Clifford Williams (Aug. 13, 2008)), as well as a motion to recall the mandate of the D.C. Court of Appeals, see id. at 50 (Order, Williams v. United States, No. 03–CF–1183 (D.C. May 28, 2008)). The District of Columbia Court of Appeals acted first, denying the petitioner's motion on May 28, 2008. Id. The Supreme Court denied certiorari on October 6, 2008. See Williams v. United States, –––U.S. ––––, ––––, 129 S.Ct. 308, 308, 172 L.Ed.2d 224 (2008).

The petitioner commenced this action on September 8, 2009, asserting an entitlement to relief under Federal Rule of Civil Procedure 60(b), Pet. at 12–19, ineffective assistance of trial counsel, id. at 20–26, ineffective assistance of appellate counsel, id. at 28–31, a violation of his Sixth Amendment right to counsel, id. at 32–33, a violation of his Fourth Amendment right against unreasonable search and seizure, id. at 34–35, an impermissible denial of his right to an evidentiary hearing, id. at 36–37, and an illegal or unauthorized sentence, id. at 38–39. The respondent has moved to dismiss the petition, arguing that the court lacks subject matter jurisdiction over all of the petitioner's claims except his claim of ineffective assistance of appellate counsel and, alternatively, that the petition is time-barred. See generally Respt's Mot. to Dismiss (“Respt's Mot.”). That motion is now ripe for adjudication.

III. ANALYSIS

A. The Court Dismisses the Majority of the Plaintiff's Claims Pursuant to Rule 12(b)(1)

1. Legal Standard for a Rule 12(b)(1) Motion to Dismiss

Federal courts are courts of limited jurisdiction and the law presumes that “a cause lies outside this limited jurisdiction.” Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377, 114 S.Ct. 1673, 128 L.Ed.2d 391 (1994); see also Gen. Motors Corp. v. Envtl. Prot. Agency, 363 F.3d 442, 448 (D.C.Cir.2004) (noting that “[a]s a court of limited jurisdiction, we begin, and end, with an examination of our jurisdiction”).

Because “subject-matter jurisdiction is an ‘Art[icle] III as well as a statutory requirement[,] no action of the parties can confer subject-matter jurisdiction upon a federal court.’ ” Akinseye v. Dist. of Columbia, 339 F.3d 970, 971 (D.C.Cir.2003) (quoting Ins. Corp. of Ir., Ltd. v. Compagnie des Bauxites de Guinee, 456 U.S. 694, 702, 102 S.Ct. 2099, 72 L.Ed.2d 492 (1982)). On a motion to dismiss for lack of subject matter jurisdiction pursuant to Rule 12(b)(1), the plaintiff bears the burden of establishing by a preponderance of the evidence that the court has subject matter jurisdiction. Lujan v. Defenders of Wildlife, 504 U.S. 555, 561, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992).

Because subject matter jurisdiction focuses on the court's power to hear the claim, however, the court must give the plaintiff's factual allegations closer scrutiny when resolving a Rule 12(b)(1) motion than would be required for a Rule 12(b)(6) motion for failure to state a claim. See Macharia v. United States, 334 F.3d 61, 64, 69 (D.C.Cir.2003); Grand Lodge of Fraternal Order of Police v. Ashcroft, 185 F.Supp.2d 9, 13 (D.D.C.2001). Thus, the court is not limited to the allegations contained in the complaint. Hohri v. United States, 782 F.2d 227, 241 (D.C.Cir.1986), vacated on other grounds, 482 U.S. 64, 107 S.Ct. 2246, 96 L.Ed.2d 51 (1987). Instead, “where necessary, the court may consider the complaint supplemented by undisputed facts evidenced in the record, or the complaint supplemented by undisputed facts plus the court's resolution of disputed facts.” Herbert v. Nat'l Acad. of Scis., 974 F.2d 192, 197 (D.C.Cir.1992) (citing Williamson v. Tucker, 645 F.2d 404, 413 (5th Cir.1981)).

2. The Court Lacks Subject Matter Jurisdiction Over All But the Plaintiff's Claim of Ineffective Assistance of Appellate Counsel

The respondent argues that the court lacks subject matter jurisdiction over nearly all of the grounds for relief asserted in the petition. See Respt's Mot. at 8–13. The petitioner, without squarely addressing the respondent's jurisdictional arguments, maintains that he is entitled to habeas relief. See generally Petr's Opp'n.

The petitioner's first alleged ground of habeas relief is Federal Rule of Civil Procedure 60(b)(1), (2), (3), and (6). Pet. at 12. Those provisions provide in relevant part that

on motion and just terms, the court may relieve a party ... from a final judgment, order, or proceeding for ... (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party; ... or (6) any other reason that justifies relief.

Fed.R.Civ.P. 60(b).³ Apparently, the petitioner seeks relief from his conviction by the Superior Court and the affirmance of that conviction by the District of Columbia Court of Appeals. See Pet. at 12.

Rule 60(b), however, only provides a federal district court with subject matter jurisdiction over requests for reconsideration of federal district court decisions; it does not give the court jurisdiction to relieve a party from state court judgments, including judgments of the D.C. Superior Court. See Goodwin v. Home Buying Inv. Co., Inc., 352 F.Supp. 413, 416 (D.D.C.1973) (noting that “reliance” on Rule 60(b) “is misplaced where the judgment from which a party seeks relief was not of judgment of the court in which relief is sought”); see also Holder v. Simon, 384 Fed.Appx. 669, 669 (9th Cir.2010) (“Rule 60(b) does not provide a basis for subject matter jurisdiction over a claim for relief from a state court judgment.”). The court therefore lacks subject matter jurisdiction over the petition insofar it seeks relief under Rule 60(b).

Most of the petitioner's remaining justifications for habeas relief concern claims of ineffective assistance of trial counsel and various alleged legal errors that tainted his conviction and sentencing. See Pet. at 20–26, 32–39. Challenges of this nature must be brought by motion in the D.C. Superior Court under D.C.Code § 23–110, which provides in relevant part that

[a]n application for a writ of habeas corpus in behalf of a prisoner who is authorized to apply for relief by motion pursuant to this section shall not be entertained by ... any Federal ... court if it appears ... that the Superior Court has denied him relief, unless it also appears that the remedy by motion is inadequate or ineffective to test the legality of his detention.

D.C.Code § 23–110(g).

It is well settled that “a District of Columbia prisoner has no recourse to a federal judicial forum unless the local remedy is ‘inadequate or ineffective to test the legality of his detention.’ ” Byrd v. Henderson, 119 F.3d 34, 36–37 (D.C.Cir.1997) (internal footnote omitted); Garris v. Lindsay, 794 F.2d 722, 726 (D.C.Cir.1986). “Section 23–110 has been found to be adequate and effective because it is coextensive with habeas corpus,” Saleh v. Braxton, 788 F.Supp. 1232, 1232 (D.D.C.1992), except where a petitioner alleges ineffective assistance of appellate counsel and has unsuccessfully moved to recall the mandate of the District of Columbia Court of Appeals, Williams v. Martinez, 586 F.3d 995, 996 (D.C.Cir.2009) (“[S]ection 23–110 does not deprive federal courts of jurisdiction over habeas petitions alleging ineffective assistance of appellate counsel.”). The court therefore lacks subject matter jurisdiction over those grounds for habeas relief that the petitioner can pursue under § 23–110.

The petitioner's only remaining justification for relief is ineffective assistance of...