United States District Court, D. Arizona
REPORT AND RECOMMENDATION
HONORABLE JOHN Z. BOYLE UNITED STATES MAGISTRATE JUDGE.
HONORABLE JAMES A. TEILBORG, SENIOR UNITED STATES DISTRICT
Mathew Jager has filed a pro se Amended Petition for Writ of
Habeas Corpus pursuant to 28 U.S.C. § 2254. (Doc. 13.)
Summary of Conclusion.
single claim, Petitioner argues that his Fifth Amendment
rights against self-incrimination were violated when he was
compelled to take a urine test at the direction of his
probation officer. He alleges the state was not permitted to
use the positive methamphetamine result against him. But
Petitioner pleaded guilty to possession or use of
methamphetamine, so this claim is waived. Therefore, the
Court will recommend that the Amended Petition be denied and
dismissed with prejudice.
Factual and Procedural Background.
6, 2012, Petitioner was placed on lifetime probation for a
class 3 felony in a related case. (Doc. 26-1, Ex. F, at 21.)
December 3, 2015, the Yavapai County Adult Probation Office
and local law enforcement conducted a warrantless search of
Petitioner's residence. (Doc. 26-1, Ex. K, at 59.)
Petitioner lived in the home with his wife, J.J.
(Id.) The search of the residence uncovered a
“usable amount of methamphetamine,
” a syringe with heroin, drug paraphernalia,
and a “large sword.” (Id.) Petitioner
was arrested and transported to a detention facility, where
Probation Officer S. Hayden “required a urine sample
from [Petitioner] which he provided.” (Doc. 26-1, Ex.
P, at 167.) The urine test “indicated a positive
screening for methamphetamine.” (Id.)
January 8, 2016, a grand jury issued a one-count Indictment
charging Petitioner with Misconduct Involving Weapons for
possessing a prohibited weapon, a sword. (Doc. 26-1, Ex. A,
at 4.) On January 19, 2016, the state alleged that Petitioner
had two prior felony convictions, which could be used to
enhance his sentence. (Doc. 26-1, Ex. B, at 6.)
9, 2016, Petitioner pleaded guilty to Amended Count One of
the Indictment, Possession or Use of Dangerous Drug
(Methamphetamine), a class 4 felony, which was committed on
December 3, 2015. (Doc. 26-1, Ex. D, at 11.) Petitioner's
plea agreement stipulated that he be sentenced to a term of
imprisonment. (Id. at 12.) On June 7, 2016, the
court sentenced Petitioner to a presumptive term of 30 months
of imprisonment. (Doc. 26-1, Ex. G, at 30.)
Post-Conviction Review Proceedings.
5, 2017, Petitioner filed a petition for post-conviction
relief (PCR). (Doc. 26-1, Ex. I, at 38.) On June 7, 2017, the
court found the petition “was filed one year after
imposition of sentence and is therefore untimely.”
(Doc. 26-1, Ex. J, at 42.)
August 3, 2017, Petitioner filed a petition for special
action in the Arizona Court of Appeals. (Doc. 26-1, Ex. K, at
44.) On August 18, 2017, the court dismissed the petition as
untimely, but dismissed without prejudice to allow Petitioner
to file a motion in superior court to argue he “was
without fault for the untimely filing.” (Doc. 26-1, Ex.
M, at 94.) Petitioner did not file any further motions in the
trial court, but instead filed a Petition for Special Action
in the Arizona Supreme Court on ...