1:24-cv-00094•Trebian v. NH State Prison
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Jerod Trebian v. Case No. 24-cv-94-JL-AJ New Hampshire State Prison REPORT AND RECOMMENDATION Self-represented plaintiff Jerod Trebian, who is incarcerated at the New Hampshire State Prison for Men in Concord, New Hampshire, seeks habeas relief pursuant to 28 U.S.C. § 2254. Doc. No. 1.1 In his Petition, Mr. Trebian alleges that while he was detained pretrial, his attorney failed to press his speedy trial rights, and delayed moving for a bail hearing for eight months. He also alleges he was denied medical treatment while in pretrial detention. The Petition is before the undersigned Magistrate Judge for preliminary review pursuant to Rule 4 of the Rules Governing § 2254 Cases (“§ 2254 Rules”) and LR 4.3(d)(4). 1 Mr. Trebian also filed several letters with the court, which are construed as addenda to the Petition. See Doc. Nos. 2, 3, 4, 5, 6, and 7. Collectively, the court will refer to Document Nos. 1-7 as the “Petition” in this matter for all purposes. Case 1:24-cv-00094-JL-AJ Document 10 Filed 01/20/26 Page 1 of 8
2 Preliminary Review Standard The Court reviews petitions filed under 28 U.S.C. § 2254 and, if “it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court, the judge must dismiss the petition.” § 2254 Rule 4. “Federal courts are authorized to dismiss summarily any habeas petition that appears legally insufficient on its face.” McFarland v. Scott, 512 U.S. 849, 856 (1994). As Mr. Trebian is representing himself in this matter, the court construes his pleadings liberally. See Dutil v. Murphy, 550 F.3d 154, 158 (1st Cir. 2008). Background Mr. Trebian filed his Petition in this court while he was in pretrial detention, awaiting trial in a criminal case pending in the New Hampshire Superior Court, in State v. Trebian, No. 212-2021-CR-324 (N.H. Super. Ct., Carroll Cty.). The State initially charged Mr. Trebian with stalking/domestic violence, criminal threatening with a deadly weapon, second degree assault, aggravated felonious sexual assault, witness tampering, and simple assault.2 A jury trial was held between June 4, 2024 and June 13, 2024, and Mr. Trebian was convicted of criminal 2 In total, the State brought twenty-five charges against Mr. Trebian but dismissed eleven charges prior to trial. Case 1:24-cv-00094-JL-AJ Document 10 Filed 01/20/26 Page 2 of 8
3 charges. As of the date of this Order, Mr. Trebian has not been sentenced. In February 2025, Mr. Trebian filed a motion for a new trial and a motion to vacate his convictions/motion for new trial. The trial court held a hearing on those motions on December 11, 2025. That court took the matter under advisement and has not yet rendered a decision. On December 2, 2025, Mr. Trebian filed a supplement to his motions in the Superior Court. In his Petition here, Mr. Trebian challenges several aspects of his pretrial detention, including that the trial court violated his right to a speedy trial and denied him a bail hearing. Mr. Trebian also asserts that his trial counsel delayed requesting a bail hearing for eight months, and then only submitted a single-paragraph motion which was not effective. Finally, Mr. Trebian argues that he was denied medical care while incarcerated. Doc. No. 1 at 7. Specifically, he claims that after breaking his foot and heel the night he was arrested in November 2021, he was denied surgery for two years. Id. He also claims that he broke three fingers in June 2022 and never received the necessary medical treatment. Id. Case 1:24-cv-00094-JL-AJ Document 10 Filed 01/20/26 Page 3 of 8
4 Claims Mr. Trebian asserts the following claims: 1. Mr. Trebian was denied his right to a speedy trial because his attorney refused to assert his speedy trial rights on his behalf in the Superior Court; 2. The Superior Court denied Mr. Trebian a second bail hearing after stating that he would be given such a hearing once he produced evidence warranting reconsideration of his bail; 3. Mr. Trebian’s trial attorney unnecessarily delayed filing a motion for a bail hearing for eight months, and the motion, when filed, was ineffective; and 4. Mr. Trebian was denied adequate medical treatment for two years after breaking his foot in November 2021; and never received medical treatment to heal the three fingers he broke in June 2022. Discussion I. Claims 1, 2, and 3 A. Exhuastion To be eligible for federal habeas relief, a petitioner must show that he has exhausted the remedies available to him in the state courts for those claims. See 28 U.S.C. § 2254(b)(1); Shinn v. Ramirez, 596 U.S. 366, 378 (2022) (state prisoner ordinarily satisfies requirement to exhaust available state court remedies before seeking federal habeas relief “by raising his federal claim before the state courts in accordance with state procedures”); Coningford v. Rhode Island, 640 F.3d 478, 482 (1st Cir. 2011) (“To achieve exhaustion, a habeas petitioner Case 1:24-cv-00094-JL-AJ Document 10 Filed 01/20/26 Page 4 of 8
5 bears a heavy burden to show that he fairly and recognizably presented to the state courts the factual and legal bases of [his] federal claim.” (alteration in original) (internal quotations and citation omitted)). “Generally speaking, a petitioner's failure to exhaust all state remedies is fatal to the prosecution of a federal habeas case.” Sanchez v. Roden, 753 F.3d 279, 294 (1st Cir. 2014) (internal quotation marks and citation omitted). A petitioner’s remedies in New Hampshire are exhausted when the New Hampshire Supreme Court has had an opportunity to rule on the claims. See Lanigan v. Maloney, 853 F.2d 40, 42 (1st Cir. 1988). In his Petition, Mr. Trebian states that he did not fully exhaust the claims he asserts here in the state courts, in that he did not appeal those claims to the New Hampshire Supreme Court. See Doc. No. 1 at 2–3, 8–10; see also Gunter v. Maloney, 291 F.3d 74, 82 (1st Cir. 2002) (“[W]here the claim has not been fairly presented on direct appeal . . . it should be fairly presented to the state court through a motion for collateral relief.”). Because Mr. Trebian failed to exhaust his habeas claims in state court, the district judge should dismiss the claims identified above as Claims 1–3. Case 1:24-cv-00094-JL-AJ Document 10 Filed 01/20/26 Page 5 of 8
6 II. Claim 4 In Claim 4, Mr. Trebian asserts a claim challenging the conditions of his confinement as unconstitutional. Specifically, he asserts that he has not received adequate medical care for his serious medical needs during his pretrial detention. Such a claim is not actionable in a § 2254 habeas petition. Instead, such claims must be litigated in an action brought pursuant to 42 U.S.C. § 1983, alleging violations of Mr. Trebian’s Fourteenth Amendment right to adequate medical care during his pretrial detention. In general, a civil rights action against state actors, brought under § 1983, is the appropriate vehicle for challenging a prisoner’s conditions of confinement. See Gonzalez-Fuentes v. Molina, 607 F.3d 864, 873 (1st Cir. 2010); see also Nelson v. Campbell, 541 U.S. 637, 643 (2004) (“[C]laims that merely challenge the conditions of a prisoner’s confinement . . . fall outside of [the core of habeas corpus] and may be brought pursuant to § 1983 in the first instance.”). Because Mr. Trebian’s inadequate medical care claims are not properly litigated in this § 2254 action, the district judge should dismiss those claims from this case, without prejudice to Mr. Trebian’s ability to litigate them in the new civil rights case described below. Case 1:24-cv-00094-JL-AJ Document 10 Filed 01/20/26 Page 6 of 8
7 So that Mr. Trebian has the opportunity to litigate his Fourteenth Amendment claim in a § 1983 action, without being penalized by the passage of time since he initially filed his habeas petition, the court will direct that a new § 1983 case be opened using Mr. Trebian’s original filing date as the opening date in that case in an Order issued simultaneously with this Report and Recommendation. The claim in that case will be the inadequate medical care claim identified above as Claim 4, which Mr. Trebian asserted in Doc. No. 1. Conclusion For the reasons stated, the court: 1. Recommends that the district judge dismiss Claims 1– 3, as identified above; and 2. Recommends that the district judge dismiss Claim 4, as identified above, without prejudice to Mr. Trebian pursuing that claim in the new § 1983 case opened by the Clerk’s Office, as set forth in the Order issued simultaneously with this Report and Recommendation. Any objections to this Report and Recommendation must be filed within fourteen days of receipt of this notice. See Fed. R. Civ. P. 72(b)(2). The fourteen-day period may be extended upon motion. Only those issues raised in the objection to this Report and Recommendation are subject to review in the district court. See Sch. Union No. 37 v. United Nat’l Ins. Co., 617 F.3d 554, 564 (1st Cir. 2010). Any issues not preserved by such objection(s) are precluded on appeal. See id. Failure to file Case 1:24-cv-00094-JL-AJ Document 10 Filed 01/20/26 Page 7 of 8
8 any objections within the specified time waives the right to appeal the district court’s order. See Santos-Santos v. Torres- Centeno, 842 F.3d 163, 168 (1st Cir. 2016). ______________________________ Andrea K. Johnstone United States Magistrate Judge January 20, 2026 cc: Jerod Trebian, pro se Case 1:24-cv-00094-JL-AJ Document 10 Filed 01/20/26 Page 8 of 8
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