Dobbs v. State
| Docket Number: | 2007-CP-00900-COA Linked Case(s): 2007-CP-00900-COA ; 2007-CT-00900-SCT ; 2007-CT-00900-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-10-2008 Opinion Author: CHANDLER, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Section 99-39-5(1) - Section 1983 action - M.R.C.P. 3(a) Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 05-10-2007 Appealed from: MARSHALL COUNTY CIRCUIT COURT Judge: Andrew K. Howorth Disposition: POST-CONVICTION RELIEF DENIED Case Number: M2006-305 |
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| Note: | Miss SCT reversed and remanded this COA judgment. See SCT opinion at: http://www.mssc.state.ms.us/Images/Opinions/CO55374.pdf | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | DENNIS DOBBS |
DENNIS DOBBS (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: STEPHANIE BRELAND WOOD | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Post-conviction relief - Section 99-39-5(1) - Section 1983 action - M.R.C.P. 3(a) |
| Summary of the Facts: | Dennis Dobbs filed a motion with the circuit court, which he titled “Petition for an Order to Show Cause,” alleging he was housed in inhuman conditions at the Marshall County Correctional Facility. The circuit court entered an order treating Dobbs’ requests as a motion for post-conviction relief and denying them. Dobbs appeals. |
| Summary of Opinion Analysis: | Dobbs’ allegations do not fall under any of the grounds for post-conviction relief enumerated in section 99-39-5(1). Therefore, he was not entitled to any relief under the post-conviction statute. Because the circuit court treated Dobbs’ filings as a motion for post-conviction relief, it was proper to deny his requested relief. Dobbs now argues on appeal that his motion was actually a section 1983 complaint. However, Dobbs never filed any such complaint or any corresponding summons. What Dobbs filed was a motion and a number of various documents. Under M.R.C.P. 3(a), a party must file a complaint to institute an action. In addition, under section 1983, the State and state agencies are not ‘persons’ that Congress intended to subject |
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