Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Jaime-Sainz v. United States

United States District Court, D. Idaho

October 2, 2018

BRENDA TRINIDAD JAIME-SAINZ, Plaintiff,
v.
UNITED STATES OF AMERICA, Defendant.

          MEMORANDUM DECISION AND ORDER

          B. LYNN WINMILL CHIEF JUDGE UNITED STATES DISTRICT COURT.

         INTRODUCTION

         Three motions are currently pending before the Court: (1) Brenda Jaime-Sainz's (“Jaime-Sainz”) Motion for Relief Due to Ineffective Assistance of Counsel (Criminal Dkt. 79); (2) Jaime-Sainz's Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct her sentence (Criminal Dkt. 96; Civil Dkt. 1); and (3) the United States' Motion for Extension of Time to File Its Response to Petitioner's Motion Under 28 U.S.C. § 2255 and for an Order Granting Waiver of Attorney-Client Privilege (Civ. Dkt. 3). Additionally, Jaime-Sainz filed a request for a copy of her § 2255 motion because her legal materials were discarded during a search of her cell. Crim. Dkt. 98. For the reasons set forth below, the Court will construe criminal docket entry 96 as a motion to amend criminal docket entry 79 and will GRANT the motion. Furthermore, the Government's Motion for an Extension of Time and Request for an Order Granting Waiver of Attorney-Client Privilege (Civ. Dkt. 3) is hereby GRANTED.

         BACKGROUND

         This case has been plagued by missed connections. On November 3, 2016, Jaime-Sainz filed a Motion for Relief Due to Ineffective Assistance of Counsel (hereinafter, the “First Motion”) pro se while being held in the Ada County Jail. Crim. Dkt. 79. The Court waited to address the First Motion until the Ninth Circuit affirmed this Court's judgment in Jaime-Sainz's criminal case. Mandate, Crim. Dkt. 94. On July 27, 2018, the Court took up the First Motion. Crim. Dkt. 95. Because her First Motion was best characterized as a § 2255 Petition, the Court offered Jaime-Sainz the opportunity to either (1) consent to the motion being recharacterized as such, or (2) file a notice with the Court to withdraw her First Motion or amend it to include all available § 2255 claims. Id.

         Unfortunately, Jaime-Sainz never received the Court's offer. Return Mail Undelivered, Crim. Dkt. 97. Shortly thereafter, Jaime-Sainz submitted a Motion Under 28 U.S.C. § 2255 (hereinafter, the “Second Motion”) on August 2, 2018, without withdrawing the First Motion or sending notice to the Court. Crim. Dkt. 96; Civ. Dkt. 1.

         On August 30, 2018, Jaime-Sainz submitted a Notice of Clarification for her Second Motion. Crim. Dkt 98. She requested that a copy of her Second Motion be mailed to Aliceville, Alabama. Id. On September 5, 2018, the Government submitted its Motion for an Extension of Time and for an Order Granting Waiver of Attorney-Client Privilege to aid its preparations to respond to Jaime-Sainz's Second Motion. Civ. Dkt. 3.

         1. Petitioner's Second Motion Will Be Construed As A Motion To Amend

         First, the Court must address how it will construe the First and Second Motions filed by Jaime-Sainz. Generally, when a pro se petitioner files a new petition before the district court has adjudicated the petitioner's prior petition, the court should construe the new petition as a motion to amend the pending petition rather than as a “second or successive” petition. See Woods v. Carey, 525 F.3d 886, 890 (9th Cir. 2008). In Woods, the district court dismissed a second habeas corpus petition[1] before it ruled on the first petition after concluding that it lacked jurisdiction to review a “second or successive” petition. Id. at 888. The Ninth Circuit disagreed:

“A document filed pro se is ‘to be liberally construed,' and a ‘pro se complaint, however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers'” … If Woods had the benefit of counsel at the time he filed the instant petition, that counsel certainly would have filed the 2004 claims as an amendment to the 2003 petition....

Id. at 889-890. The Ninth Circuit then held that “the district court should have construed Woods's pro se habeas petition as a motion to amend his pending habeas petition. The district court then has the discretion to decide whether the motion to amend should be granted.” Id.

         Pursuant to Woods, the Court will recharacterize Jaime-Sainz's Second Motion as a motion to amend her First Motion. District Courts have discretion to grant or deny such motions. See 28 U.S.C. § 2242; Fed.R.Civ.P. 15(a). In this case, the Court granted Jaime-Sainz leave to amend the First Motion six days prior to her submission of the Second Motion. The Court believes that had Jaime-Sainz received the Court's Order, she would have filed the Second Motion as a motion to amend her First Motion. Having reviewed Jaime-Sainz Second Motion, the Court concludes that Jaime-Sainz should be allowed to amend the First Motion. The Court therefore GRANTS Jaime-Sainz's motion to amend.

         2. Jaime-Sainz Waived Attorney-Client Privilege By Raising An Ineffective Assistance of Counsel Claim

         “It has long been the rule in the federal courts that, where a habeas petitioner raises a claim of ineffective assistance of counsel, he waives the attorney-client privilege as to all communications with his allegedly ineffective lawyer.” Bittaker v. Woodford, 331 F.3d 715, 716 (9th Cir. 2003) (en banc). A party implicitly waives attorney-client privilege when he or she files a lawsuit putting in issue communications otherwise privileged where upholding the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.