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Hamilton v. Bird

United States District Court, D. Colorado

October 28, 2015

JAN B. HAMILTON, Applicant,
v.
DON BIRD, Pitkin County Jail, D. MULDOON, Capt., Fairplay, CO, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents.

LEWIS T. BABCOCK, Senior Judge

ORDER OF DISMISSAL

CHRISTINE M. ARGUELLO, District Judge

Applicant, Jan B. Hamilton, is detained in the Pitkin County Detention Center in Aspen, Colorado. She initiated this action on August 19, 2015, by filing, pro se, a “Petition Under 28 U.S.C. § 2254” (ECF No. 1). Ms. Hamilton has paid the $5.00 filing fee.

I. Procedural Background

In an August 13, 2015 Order (ECF No. 5), Magistrate Judge Gordon P. Gallagher reviewed the Petition and determined that it was deficient because it was not filed on the court-approved form and appeared to be duplicative of the Amended “Petition” that Ms. Hamilton filed in Jan B. Hamilton v. Don Bird, Pitkin County Jail, et al., Civil Action No. 15-cv-01691-GPG. Accordingly, Magistrate Judge Gallagher ordered Ms. Hamilton to show cause, in writing, within 30 days, why the Petition should not be dismissed as duplicative. (Id.).

On August 31, 2015, Ms. Hamilton filed a “Petition to Show Cause in Two Cases (14M143 and 10CR76)” (ECF No. 6), in which she clarifies that the state court conviction she is challenging in the present action is her conviction in Pitkin County District Court Case No. 10CR76. Given the clarification, Magistrate Judge Gallagher directed Ms. Hamilton, in a September 1, 2015 Order (ECF No. 7), to file an Amended Application, on the court-approved form, within 30 days, which addressed the validity of her conviction in Case No. 10CR76. Magistrate Judge Gallagher further ordered that the Amended Application must comply with the pleading requirements of Fed.R.Civ.P. 8. (Id.). The Clerk of the Court mailed to Ms. Hamilton a copy of the court-approved form for filing an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. §2254 the same day. (Id.).

On September 11, 2015, Ms. Hamilton notified the court that she had been transferred from the Park County jail, in Fairplay, Colorado, to the Pitkin County Detention Center, in Aspen, Colorado. (ECF No. 8). Magistrate Judge Gallagher thereafter issued a Minute Order on September 16, 2015, directing the clerk of the court to resend to Applicant a copy of the September 1 Order, as well as a copy of the court-approved form for filing an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. §2254. (ECF No. 10). Magistrate Judge Gallagher ordered Applicant to file an Amended Application within 30 days of the September 16 Minute Order.

Ms. Hamilton filed an Amended Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. §2254, on the court-approved form, on October 9, 2015. (ECF No. 13).

The Court construes Ms. Hamilton’s filings liberally because she is not represented by counsel. See Haines v. Kerner, 404 U.S. 519, 520-21 (1972); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). However, the Court should not be an advocate for a pro se litigant. See Hall, 935 F.2d at 1110. For the reasons discussed below, the Amended Application will be dismissed.

II. Analysis of the Amended Application

On May 31, 2013, Ms. Hamilton was convicted, pursuant to her guilty plea, of violation of a protection order under COLO. REV. STAT. (C.R.S.) § 18-6-803.5(1), 2(a), in Pitkin County District Court Case No. 10CR76. (See Civil Action No. 15-cv-01882-GPG, ECF No. 7 at 23, 26). She was sentenced to serve 18 months in jail. (Id.).

Applicant asserts the following claims for relief in the Amended Application: (1) violations of 18 U.S.C. § 245 (prohibiting the use of force or threats against persons engaged in enumerated federally protected activities) and § 249 (prohibiting hate crimes); (2) violation of 28 U.S.C. § 1343 (granting the federal district courts original jurisdiction over a civil rights action); and (3) violations of 42 U.S.C. § 1985 (providing a damages remedy against persons who conspire to deprive on of their civil rights), and § 18-1-901, C.R.S. (provisions applicable to offenses generally). (ECF No. 13 at 5, 6).

Ms. Hamilton’s allegations are rambling and confusing. For example, in support of her first claim, she states:

When 1st Baptist “Religious Extremists” in “Lynch Mob” Klu Klux Clan tactics attacked me demanding “Conversion Therapy” I was forced to go to weekly classes with Brunhilde Shaffer, a German woman to be “cured of being a lesbian.” After I completed the classes and held an invitation to return, I ...

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