Hayes v. Cowan

This is an appeal from the denial of a petition for habeas corpus challenging confinement based on Hayes conviction of being an habitual criminal under Kentuckys recidivit statute, K.R.S. § 431.190. The district court referred the petition to a magistrate to determine whether leave to proceed in forma pauperis should be granted pursuant to 28 U.S.C. § 1915(a). Although the magistrate ordered the petition filed and determined that petitioners claims were not so frivolous that in forma pauperis leave should not be granted, nevertheless, he concluded that the contentions made were "patently without merit" and recommended that the petition be dismissed. The district court adopted the magistrates conclusions and, instead of issuing an order to the respondent to show cause as provided in 28 U.S.C. § 2243, it dismissed the petition on the grounds that the mandatory life sentence imposed for the habitual criminal conviction did not constitute cruel and unusual punishment, that petitioner had not been arbitrarily selected for prosecution as an habitual criminal, and that the state prosecutors decision to seek an habitual criminal indictment when petitioner refused to plead guilty to the charge of forgery in return for a recommendation of a five-year sentence was not an unconstitutional implementation of plea bargaining.