United States District Court, N.D. Oklahoma
OPINION AND ORDER
E. DOWDELL, UNITED STATES DISTRICT JUDGE.
proceeding pro se,  filed this 28 U.S.C. § 2254 habeas
corpus petition (Doc. 1) to challenge his confinement in the
Oklahoma Forensic Center (OFC), an inpatient behavioral
health facility operated by the Oklahoma Department of Mental
Health and Substance Abuse Services (ODMHSAS). In response,
Respondent filed a motion to dismiss the petition as time
barred (Doc. 14), along with a supporting brief (Doc. 15).
Petitioner did not file a reply. For the reasons discussed
below, the Court grants Respondent's motion and dismisses
the petition with prejudice as time barred.
2004, the State of Oklahoma charged Petitioner with first
degree murder in the District Court of Tulsa County, Case
Number CF-2004-1238. Doc. 15-1 at 3. In 2006, at the
conclusion of a nonjury trial, the district court found
Petitioner not guilty by reason of insanity and ordered him
committed to the ODMHSAS' custody for inpatient treatment
at the OFC. Id. at 18; Doc. 15 at 2; See
Okla. Stat. tit. 22, § 925 (permitting court to commit
defendant to state hospital for treatment upon verdict of not
guilty by reason of insanity). Pursuant to Okla. Stat. tit.
22, § 1161(G)(2), the district court conditionally
released Petitioner from the OFC in October 2011.
See Doc. 15-2.
April 2015, the State moved to revoke Petitioner's
conditional release, alleging that Petitioner violated
conditions of his release and that he was a present danger to
others. Docs. 15-3, 15-4; See Okla. Stat. tit. 22,
§ 1161(G)(2)(d) (providing conditional release may be
revoked for good cause). The district court held a revocation
hearing on April 28, 2015. Doc. 15-5. At the conclusion of
the hearing, the district court determined that Petitioner
violated conditions of his release and that full-time
hospitalization would be the least restrictive alternative
consistent with the Petitioner's needs and the need for
public safety. Id.; see Okla. Stat. tit.
22, § 1161(G)(2)(e)(2) (providing for revocation hearing
and permitting court to modify conditions of release or order
inpatient care). Consequently, the district court revoked
Petitioner's conditional release and ordered him
recommitted to the ODMHSAS' custody for inpatient
treatment at the OFC. Doc. 15-5 at 1.
filed the instant habeas petition on November 17, 2016. Doc.
1 at 1.
seeks federal habeas relief on one ground: he claims that his
“conditional release was revoked under false pretences
[sic]” because he is “no harm to [him]self or
anyone else.” Doc. 1 at 6.
contends (1) that Petitioner's confinement in the OFC
satisfies § 2254(a)'s “in custody”
requirement and (2) that Petitioner's habeas corpus
petition should be dismissed as time barred under §
2244(d). Doc. 15 at 2-3, 5-7. The Court agrees with both
Petitioner is “in custody” for purposes of filing
a § 2254 petition.
§ 2254(a), a state prisoner seeking federal habeas
relief must be “in custody pursuant to the judgment of
a State court.” Section 2254(a)'s “in
custody” requirement is jurisdictional. Mays v.
Dinwiddie, 580 F.3d 1136, 1138-39 (10th Cir. 2009).
Petitioner's commitment to the custody of ODMHSAS, which
stems from his adjudication of not guilty by reason of
insanity on a first degree murder charge, satisfies that
requirement. See Duncan v. Walker, 533 U.S. 167, 176
(2001) (noting that § 2254(a) does not “by its
terms apply only to those in custody pursuant to a state
criminal conviction” and recognizing federal habeas
review “may be available” to challenge legality
of state court order committing person to a mental
institution); Mays, 580 F.3d at 1139 (citing
Walker for proposition that commitment to mental
institution may satisfy § 2254(a)'s “in
Petitioner's § 2254 petition is time
Antiterrorism and Effective Death Penalty Act (AEDPA)
requires a person in state custody to file his or her federal
habeas claims within one year of the “latest of”
one of four dates:
(A) the date on which the judgment became final by the
conclusion of direct review or the expiration of the time ...