Sheik Aaron Hunter-El v. Zodwin, No. 2:2013cv06012 - Document 3 (C.D. Cal. 2013)

Court Description: OPINION AND ORDER ON PETITION FOR WRIT OF HABEAS CORPUS by Judge Otis D. Wright, II. On August 15, 2013, Petitioner, who is incarcerated at Victorville-FCI, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. Summary dismiss al is appropriate here because the petition is not cognizable under habeas and is frivolous. IT IS HEREBY ORDERED that Judgment be entered summarily dismissing the petition and action. (See Order for details.) (mp) (Main Document 3 replaced on 8/22/2013) (mp).

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 AARON D. HUNTER, aka SHEIK AARON HUNTER-EL, Petitioner, 13 v. 14 15 CAPTAIN ZODWIN, Respondent. 16 17 18 ) ) ) ) ) ) ) ) ) ) ) ) NO. CV 13-6012-ODW (AGR) OPINION AND ORDER ON PETITION FOR WRIT OF HABEAS CORPUS On August 15, 2013, Petitioner, who is incarcerated at Victorville-FCI, filed 19 a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. Petitioner 20 was convicted in the Western District of Wisconsin in 2004 and 2006. (Petition at 21 2.) The petition form asks what the petition concerns. Petitioner checked the 22 Other box and wrote Holy Writ. Id. 23 Petitioner lists two grounds. The first is Holy Innocent (He who has no sin 24 shall cast the first stone). Under supporting facts, Petitioner states, I Bear 25 Witness there is no god but Allah, and Noble Drew Ali is his Holy Prophet! (See 26 attached Compurgation marked OUR AUTHORITY on the back cover;1 at the 27 mouth of two or three witnesses a matter is established) All controversey [sic] is 28 terminated (Hebrews 6:16). (Id. at 3.) 1 There is no attachment called Compurgation. The second ground is Absolute Pardon- Absolution by Holy Writ 1 2 (Congress shall make no law prohibiting the free exercise of religion). In 3 supporting facts, Petitioner states Acquittance marked OUR AUTHORITY,2 an 4 absolute pardon and receipt from the Constitutionally-recognized executive body 5 and Supreme pardoning authority of the Moorish Science Temple of America. 6 (Id.) 7 8 9 The attachments to the petition relate to the Moorish Science Temple of America. A prisoner in the custody of the United States is entitled to a writ of habeas 10 corpus if [h]e is in custody in violation of the Constitution or laws or treaties of the 11 United States. 28 U.S.C. § 2241(c)(3). 12 Rule 4 of the Rules Governing Section 2254 Cases in the United States 13 District Courts provides that [i]f it plainly appears from the face of the petition and 14 any attached exhibits that the petitioner is not entitled to relief in the district court, 15 the judge must dismiss the petition and direct the clerk to notify the petitioner. 16 These rules also apply to habeas corpus petitions brought pursuant to § 2241. 17 See Rule 1(b). 18 Summary dismissal is appropriate here because the petition is not 19 cognizable under habeas and is frivolous. See Mayle v. Felix, 545 U.S. 644, 669- 20 70, 125 S. Ct. 2562, 162 L. Ed. 2d 582 (2005) ( the purpose of the heightened 21 pleading standard in habeas cases is to help a district court weed out frivolous 22 petitions before calling upon the State to answer ); Blackledge v. Allison, 431 23 U.S. 63, 76, 97 S. Ct. 1621, 52 L. Ed. 2d 136 (1977) (summary dismissal is 24 appropriate when the allegations are patently frivolous or false ) (citation 25 omitted); see also Hendricks v. Vasquez, 908 F.2d 490, 491 (9th Cir. 1990) 26 27 28 2 There is no attachment called Acquittance. 2 1 ( Summary dismissal is appropriate . . . where the allegations in the petition are 2 palpably incredible ) (citation omitted). 3 4 IT IS HEREBY ORDERED that Judgment be entered summarily dismissing the petition and action. 5 6 7 DATED: August 22, 2013 OTIS D. WRIGHT II United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.