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Hurley v. State

United States District Court, S.D. Florida

April 16, 2018

RASHADA HURLEY, Petitioner,
v.
STATE OF FLORIDA, Respondent.

          REPORT OF MAGISTRATE JUDGE

          P. A. WHITE MAGISTRATE JUDGE

         I. Introduction

         Rashada Hurley, Petitioner, is detained at Metro West Detention Center. She filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, challenging the constitutionality of her arrest, the terms of her pretrial detainment, and expressing a general fear of her public defender for telling her to remain quiet and “tell[ing her] what to do. The relevant case number arises out of the Eleventh Judicial Circuit in and for Miami-Dade County under case no 17-cf-015849. The state court docket reveals she is currently at the pre-trial stage.

         This Cause has been referred to the undersigned for consideration and report pursuant to 28 U.S.C. § 636(b)(1)(B) and Rules 8(b) and 10 of the Rules Governing Section 2254 Cases in the United States District Courts. For its consideration of this Petition, this Court reviewed the petition (DE#1) and the state court docket arising out of the Eleventh Judicial Circuit Court in and for Miami-Dade County under No. 17-cf-015849.

         II. Claim

         Petitioner raises the following grounds for relief:

1. She was arrested without a warrant.
2. She was not given a pretrial conference.
3. She was denied her rights under Fla. R. Crim. P. 3.121 and 3.133.
4. She has been in pretrial detainment without bond for eight months without an indictment.
5. Her trial counsel reset the court date.

(DE#1 at 1).

         III. Subject Matter Jurisdiction-Petitioner is not “In Custody”

         It is axiomatic that a district court may entertain a habeas corpus petition only if a petitioner is “in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. §§ 2241(c)(3), 2254(a). Thus, federal courts lack subject matter jurisdiction whenever the “in custody” requirement is not established. Llovera-Linares v. Florida, 559 Fed.Appx. 949, 951 (11th Cir. 2014). In order to be “in custody” under § 2254, petitioners must be “in custody” ...


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