Alicea v. USA et al
| Maria Mercedes Alicea |
| United States Of America, State of Connecticut, Jane Doe, Katrina Camara, Francisco Antonio Cardona and USA |
| 3:2023cv00170 |
| February 10, 2023 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| Robert A Richardson |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing 11
Order finding as moot #6 Motion for Extension of Time in light of 10 Amended Order dismissing petition and denying a certificate of appealability, and in light of #7 Notice of Appeal. Signed by Judge Kari A. Dooley on 3/22/2023. (Stamegna, Ashley)
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Filing 10
ORDER AMENDING 4 Order Dismissing Case. Petitioner purports to bring claims on behalf of her father, Mr. Octavio Alicea, arising out of similar facts and requesting similar relief to that in Alicea v. Ganim et al., No. 3:22-cv-01379 (D. Conn. filed Nov. 11, 2022). For the same reasons set forth in the Order to Show Cause, ECF. No. 9, and Order Dismissing Petition, ECF No. 14, in Alicea v. Ganim, No. 3:22-cv-01379, the instant petition is dismissed. See Ethridge v. Bell, 49 F.4th 674, 682 (2d Cir. 2022) ("[A] district court has the power to dismiss the petition on the merits without prior notice '[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief.'" (quoting Rule 4 of the Rules Governing Section 2254 Cases in the U.S. District Courts)). If Petitioner wishes to challenge her father's conservatorship, there may be both statutory and common-law remedies available to her in the Connecticut State courts. Connecticut General Statutes Section 45a-705a provides that "[a]n individual subject to a guardianship or involuntary representation... may petition for and is entitled to the benefit of the writ of habeas corpus without having previously exhausted other available remedies." See Falvey v. Zurolo, 130 Conn. App. 243, 263 n.3 (2011) (Foti, J., dissenting in part) ("General Statutes 45a-705a specifically allows a conserved person to appeal the legality of guardianship pursuant to a writ of habeas corpus."). Likewise, Connecticut General Statutes Section 45a-186(b) provides that "[a]ny person aggrieved by an order, denial or decree of a Probate Court may appeal therefrom to the Superior Court." See Marchentine v. Brittany Farms Health Ctr., Inc., 84 Conn. App. 486, 495 (2004) (finding that a child of a conserved person may, in certain circumstances, have standing to appeal a probate court's appointment of a conservator); see also Order to Show Cause at 2 n.1, Alicea v. Ganim, No. 3:22-cv-01379 (discussing state court remedies that may be available to Petitioner to challenge a conservatorship).The Court shall not issue a certificate of appealability because the Petitioner has not made a substantial showing of the denial of a constitutional right, see 28 U.S.C. 2253(c)(2), as no "reasonable jurists could debate whether... the petition should have been resolved in a different manner." Middleton v. Att'ys Gen. of States of N.Y., PA, 396 F.3d 207, 209 (2d Cir. 2005) (quoting Slack v. McDaniel, 529 U.S. 473, 478 (2000)).Petitioner is encouraged to visit the following link for information regarding the Federal Pro Se Legal Assistance Program: https://nhlegal.org/federalprose/. Signed by Judge Kari A. Dooley on 3/22/2023.(Gould, K.)
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| Filing 9 CLERK'S CERTIFICATE RE: INDEX AND RECORD ON APPEAL re: #7 Notice of Appeal. The attached docket sheet is hereby certified as the entire Index/Record on Appeal in this matter and electronically sent to the Court of Appeals, with the exception of any manually filed documents as noted below. Dinah Milton Kinney, Clerk. Documents manually filed not included in this transmission: none (Fanelle, N.) |
| Filing 8 NOTICE Rule 16 Hearing Update by Maria Mercedes Alicea. (Fanelle, N.) |
| Filing 7 NOTICE OF APPEAL as to 4 Order Dismissing Case, by Maria Mercedes Alicea. (Fanelle, N.) |
| Filing 6 MOTION for Extension of Time to File a Notice of Appeal by Maria Mercedes Alicea. (Fanelle, N.) |
| Filing 5 RESPONSE to # 4 Order Dismissing Case by Maria Mercedes Alicea. (Fanelle, N.) |
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Filing 4
ORDER Dismissing Petition. Petitioner purports to bring claims on behalf of her father, Mr. Octavio Alicea, arising out of similar facts and requesting similar relief to that in Alicea v. Ganim et al., No. 3:22-cv-01379 (D. Conn. filed Nov. 11, 2022). For the same reasons set forth in the Order to Show Cause, ECF. No. 9, and Order Dismissing Petition, ECF No. 14, in Alicea v. Ganim, No. 3:22-cv-01379, the instant petition is dismissed. See Ethridge v. Bell, 49 F.4th 674, 682 (2d Cir. 2022) ("[A] district court has the power to dismiss the petition on the merits without prior notice '[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief.'" (quoting Rule 4 of the Rules Governing Section 2254 Cases in the U.S. District Courts)). If Petitioner wishes to challenge her father's conservatorship, there may be both statutory and common-law remedies available to her in the Connecticut State courts. Connecticut General Statutes Section 45a-705a provides that "[a]n individual subject to a guardianship or involuntary representation... may petition for and is entitled to the benefit of the writ of habeas corpus without having previously exhausted other available remedies." See Falvey v. Zurolo, 130 Conn. App. 243, 263 n.3 (2011) (Foti, J., dissenting in part) ("General Statutes 45a-705a specifically allows a conserved person to appeal the legality of guardianship pursuant to a writ of habeas corpus."). Likewise, Connecticut General Statutes Section 45a-186(b) provides that "[a]ny person aggrieved by an order, denial or decree of a Probate Court may appeal therefrom to the Superior Court." See Marchentine v. Brittany Farms Health Ctr., Inc., 84 Conn. App. 486, 495 (2004) (finding that a child of a conserved person may, in certain circumstances, have standing to appeal a probate court's appointment of a conservator); see also Order to Show Cause at 2 n.1, Alicea v. Ganim, No. 3:22-cv-01379 (discussing state court remedies that may be available to Petitioner to challenge a conservatorship). Petitioner is encouraged to visit the following link for information regarding the Federal Pro Se Legal Assistance Program: https://nhlegal.org/federalprose/.The Clerk of the Court is directed to close this case. Signed by Judge Kari A. Dooley on 2/13/2023. (Stamegna, Ashley)
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 2/10/2023. (Fanelle, N.)
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Filing 2
STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 2/10/2023. (Fanelle, N.)
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| Filing 1 PETITION for Writ of Habeas Corpus, filed by Maria Mercedes Alicea. (Attachments: #1 Exhibit)(Imbriani, Susan) |
| Filing fee received from Maria Alicea: $ 5.00, receipt number 373888 (Imbriani, Susan) |
| Judge Kari A. Dooley and Judge Robert A. Richardson added. (Oliver, T.) |
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