United States District Court, S.D. West Virginia, Huntington
L. Tinsley, United States Magistrate Judge.
plaintiff, Teresa Miller, filed the following motions in each
of the above-styled matters: a Motion to Amend Relief (Case
No. 3:16-cv-05179, ECF No. 9; Case No. 3:16-cv-05251, ECF No.
14); a Motion to Demand Jury Trial (Case No. 3:16-cv-05179,
ECF No. 10; Case No. 3:16-cv-05251, ECF No. 15); a Motion to
Transfer to Another Division or Circuit (Case No.
3:16-cv-05179, ECF No. 11; Case No. 3:16-cv-05251, ECF No.
16); and a Motion for Change of Venue (Case No.
3:16-cv-05179, ECF No. 12; Case No. 3:16-cv-05251, ECF No.
17). The undersigned will address each set of motions in
Miller's Motions to Amend and Motions for Jury
instant proceedings, Miller filed petitions for a writ of
habeas corpus seeking her release from custody at the Lakin
Correctional Center to probation. She was ultimately granted
such relief by the Circuit Court of Monongalia County, her
court of conviction. Thus, her claims for habeas corpus
relief in both of these matters are moot.
March 13, 2017, Miller filed a Motion to Amend Relief in both
of these civil actions, seeking to add a claim for monetary
damages in the amount of $2 million against “the
court” for an alleged violation of West Virginia
Code § 62-12-10, governing procedures for probation
violations. (Case No. 3:16-cv-05179, ECF No. 9; Case No.
3:16-cv-05251, ECF No. 14). However, Miller cannot seek
monetary damages in a habeas corpus proceeding, which is
brought against the custodian of the facility in which she
was incarcerated seeking release from confinement.
Furthermore, Miller's now former custodian, Lisa Nohe,
the respondent herein, was not the person who revoked her
Miller already has two separate civil rights suits pending in
this court against a number of defendants involved in her
criminal and collateral relief proceedings, including Judge
Gaujot, which seek monetary damages for claims related to her
revocation proceedings. (Case Nos. 2:17-cv-03951 and
2:17-cv-04130). For these reasons, Miller's requested
amendments herein would be futile. Therefore, it is hereby
ORDERED that her Motions to Amend Relief
(Case No. 3:16-cv-05179, ECF No. 9; Case No. 3:16-cv-05251,
ECF No. 14) are DENIED.
there is no right to a jury trial in a habeas corpus matter,
and to the extent that Miller is seeking a jury trial on any
claim for monetary damages that may be cognizable in a civil
rights complaint under 42 U.S.C. § 1983, Miller may be
able to pursue such relief in her companion civil rights
actions. Accordingly, Miller's Motions for a Jury Trial
(Case No. 3:16-cv-05179, ECF No. 10; Case No. 3:16-cv-05251,
ECF No. 15) are also DENIED.
Miller's Motions for Transfer or Change of
of these habeas corpus proceedings, as well as in
Miller's civil rights cases which are pending before
another District Judge of this court, Miller has requested
that a change of venue be granted and that these matters be
transferred to another “division or circuit”
because her prior cases have been dismissed. Miller's
motions reference her cases filed in the Northern and
Southern Districts of West Virginia, the Supreme Court of
Appeals of West Virginia (the “SCAWV”), the
United States Court of Appeals for the Fourth Circuit
(“the Fourth Circuit”), and the United States
noted in the accompanying Proposed Findings and
Recommendation in these matters, on January 19, 2016, Miller
filed a pro se original jurisdiction habeas corpus petition
in the SCAWV (No. 16-0034). That petition was ultimately
dismissed, without prejudice, because Miller had counsel
appointed by the Circuit Court of Monongalia County to file a
habeas corpus petition on her behalf. Miller separately
appealed the January 14, 2016 order entered by Judge Gaujot
revoking her probation (No. 16-0235), which was dismissed by
the SCAWV on April 19, 2017, upon motion of Miller's
court-appointed counsel (and over Miller's objection),
after she was discharged from probation. She subsequently
filed a Petition for a Writ of Certiorari in the United
States Supreme Court, which was denied on November 13, 2017.
Miller v. State of W.Va., No. 17-5849, 138 S.Ct. 449
(Nov. 13, 2017), reh'g denied, 138 S.Ct. 730
(Nov. 22, 2017).
also filed a federal habeas corpus petition under 28 U.S.C.
§ 2254 on February 1, 2014 in the United States District
Court for the Northern District of West Virginia
(“NDWV”) (Miller v. State of W.Va., No.
2:16-cv-00007-JPB-RWT). That matter was dismissed without
prejudice on July 12, 2016, because Miller had not exhausted
her state court remedies. Miller v. State of W.Va.,
No. 2:16-cv-00007-JPB-RWT, 2016 WL 3824858 (July 12, 2016).
Miller's subsequent appeal of that decision was dismissed
by the Fourth Circuit on November 22, 2016. (Miller v.
State of W.Va., No. 16-6995, 670 F. App'x 825 (Nov.
22, 2016). The Fourth Circuit also denied Miller's
petition for rehearing on January 3, 2017, and a mandate
issued on January 11, 2017.
those matters were pending, Miller also filed a civil rights
complaint in the United States District Court for the
Southern District of West Virginia (“SDWV”)
concerning her conditions of confinement at the Lakin
Correctional Center (Case No. 3:16-cv-04225), which was
assigned to the presiding District Judge herein, Judge Robert
C. Chambers, and referred to another United States Magistrate
Judge, Judge Cheryl A. Eifert. On March 16, 2017, Judge
Eifert filed a Proposed Findings and Recommendation
(“PF&R”) recommending that the civil rights
complaint be dismissed for various reasons, including the
mootness of Miller's claims for declaratory and
injunctive relief, due to her release from Lakin. Miller
v. W.Va. Div. of Corr., No. 3:16-cv-04225, 2017 WL
1294005 (Mar. 16, 2017). On April 5, 2017, Judge Chambers
adopted the PF&R and dismissed that complaint. Miller
v. W.Va. Div. of Corr., No. 3:16-cv-04225, 2017 WL
1317061 (Apr. 5, 2017). Miller's appeal of the dismissal
of her civil rights complaint was dismissed by the Fourth
Circuit on August 22, 2017. Miller v. W.Va. Div. of
Corr., 696 F. App'x 115 (Aug. 22, 2017), cert.
denied, 138 S.Ct. 723 (Jan. 8, 2018), reh'g
denied, 2018 WL 1037668 (Feb. 26, 2018).
also filed two separate civil rights complaints in the NDWV
against the courts and individuals involved in her criminal
and post-conviction proceedings. The first Complaint
(docketed in the NDWV as Case No. 2:16-cv-00050) named the
following defendants: Monongalia County Circuit Court, Judge
Phillip Gaujot, Steven Fitz, DeAndra Burton, Edward Rollo,
Michael Pennington, Ashley Hunt, Michael Parmer, the West
Virginia Supreme Court of Appeals, Robert W. Trumble, the
United States District Court for the Northern District of
West Virginia, and the United States Court of Appeals for the
Fourth Circuit. The Second Complaint (docketed in the NDWV as
Case No. ...