Smith-Bey v. Wolfe et al, No. 8:2015cv02606 - Document 3 (D. Md. 2015)
Court Description: MEMORANDUM OPINION. Signed by Judge George Jarrod Hazel on 10/6/2015. (kns, Deputy Clerk)(c/m 10/7/15)
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Smith-Bey v. Wolfe et al Doc. 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND SO/lfhem Dh';s;oll * -< I CHARLES ARNELL SMITH-BEY, .... = OJ I * I ::>Or .....• " ." c)::o AJ~ Petitioner, * ;~(/) I I .J • * Y. .JOHN WOLFE, ef 01. * * * ~""T'l Case No.: G.JH-IS-2609;'" .- -c c.n, .....• .n c ::;:; = ".....•.n-., c ::0' -0 ("""') -< I 0 .....• - ,,;or er 3:Gf'1l .,.. 0 .....• ~ ::0" -0 -<0 0 re :1>::0 z .....• N f'l •... * Respondents, :,,0 '" ." ,:,.J c 0 F- * * * * * * * * * * * MEMORANDUM OPINION On September 2. 2015. Charles Arnell Smith-Bey liIed an undated Petition for Writ of Habeas Corpus.' This Petition represents the sixth federal habeas corpus action Iiled on bchalf of or by Smith-Bey in the past six months.2 Smith-Bey holds himself out as an Authorizcd Representativc of the Moorish Divine, National Movcmcnt. Ilc attacks his March 27, 2014 "violation of probation" conviction and live-year scntcnce imposcd in thc Circuit Court ji)r Charles County:' ECF No. I. I The Petition \\'[IS postmarked on August 31. 2015. , In each of the five prior Petitions. Smith-Bey raised claims related to his Moorish-American ancestry and the jurisdiction of state authorities to prosecute him. and each Petition was summarily dismissed without prejudice. See Smith-Bey \'. Wolfe. et 01.. Civil Action No. 15-764-GJH (D. Md.): Smith-Bey 1'. Wolfe. et 01.. Civil Action No. 15-1 067-GJII (D. Md.): Smith-Bey \'. Wolfe. e1al.. Civil Action No. 15-1336-GJ H (D. Md.): ,','milh-Be)'1'. Wolte. el 01.. (D. Md.); Smilh-Bey 1'. Wu!fe. e1al.. Civil Action No. l5-1654-GJII Civil Action No. 15-l915-GJI { (D. Md.). Alier Smith-Bey's most recent Petition. Smilh-Bey 1'. Wolfe. el al.. Civil Action No. 15-l915-GJH. the Court cautioned that any t,.rther Petitious by Smith-Bey raising a challenge to his conviction on grounds of his Moorish-American defense would be decided on the mcrits. lci. at ECF NO.3. ,; The state court docket shows that Smith-Bey was represcnted by counsel in his criminal proceeding. After ajury trial helore Judge Robert C. Nalley. Charles Arnell Smith was convicted of second-degree Dockets.Justia.com Affording was deprived his sclf~representcd Petition a generous construction. of his right to his nationality as a Moorish-American Smith-Bey National and Wazir/Consul the land and the exercise of his religion secured by "de jure constitutional No. I at 7-8. Smith-Bey further alleges that he was convicted corporate person-nom de guerre idcntity of 'CHARLES ld. at 9-10. He concludes "to the jurisdiction Charles County. Maryland them jurisdiction:' produced. Nalley" challenging and demanding the jurisdiction Title 28 U.S.c. court [to dcmonstrate] S 2254 ... of authority order that grants /d. at 12-14. that he is in custody in violation of the Constitution:' warned by this Court that only constitutional Smith-Bey has failed to set out colorable conviction. Insofar as Smith-Bey Moorish-Americans. Moorish-Americans. of the Circuit Court ICJr requires "a person in custody pursuant to the judgment previously prosecute making a plea /d. at II. He rclies on various and treaties in support of his Writ.4 provisions an aflidavit that argument of a State Although claims would bc subject to review. claims in support of his challenge is asserting male:' argues that as no evidence of pro of was ever he is entitled to the entry of default judgment. constitutional and treaty law:' ECF SMITI-!" Black Alrican-Amcrican proof of the "delegation td. at 10-11. Smith-Bey of under the "misrepresented by stating that in July 2014. he submitted of[Judge] claims that he that the Maryland to his 2014 Maryland state courts lack jurisdiction has been repeatedly to rejected. Thc law is clear that like all citizens of the United States. arc subject to the laws of the physical child abuse in the Circuit Court for Charles County. Maryland. On March 27. 2014. hc "as sentenced to a five.year term. State l'. Smith. Case Number OSK 1000792 (Circuit C01ll1 f,,, Charles County). On July 1. 2015. the Court of Special Appeals of Maryland denied Smith-Bey's application for leave to appeal. See http://casesearch.courts.state.md.us/casesearch. 4 Accompanying the Writ is Smith-Bey's Motion for Leave to Proceed In Forma Pauperis. lOCI'NO.2. Because he appears indigent. the Motion for Leave to Proceed In Forma Pauperis shall be granted. 2 jurisdiction in which they reside. See. e.g. Bey \'. Jamaica Realty. No. 12-CV-1241 (ENV). 2012 WL 1634161. *In. I (E.D.N.Y. May 9.2(12) No. 5:II-CV-00423-FL. (citation omitted): see also £I-Bey v. N. Carolina. 2012 WL 368374. at *2 (E.D.N.C. Jan. 9. 2(12) ("[AJny claim based on the contention that PlaintifTs are not subject to the laws of North Carolina because of their alleged Moorish nationality and the Treaty of Peace and Friendship of 1787 is frivolous."). recommendation adopted. NO.5: II-CV -423-FL. 2012 WL 368369 (E.D.N.C. Feb. 3. 2(12): Allah £1 v. Dist. AI/orney/ilr Bronx C/1/)'..No. 09 CV 8746 (GBD). 2009 WL 3756331. at * I (S.D.N.Y. Nov. 4. 2009) ("'Petitioner's purported status as a Moorish-American citizen does not enable him to violate state and federal laws without consequence."). "Regardless of an individual's claimed status of descent. be it as a 'sovereign citizen: a 'secured-party creditor: or a 'tlesh-and-blood human being.' that person is not beyond the jurisdiction of the courts. These theories should be rejected summarily. however they are presented:'; United States \'. Benahe. 654 F.3d 753. 767 (7th Cir. 2011) (collecting cases): see also United States v. White. 480 F. App'x. 193. 194 (4th Cir. 2(12) ("'Neither the citizenship nor the heritage of a defendant constitutes a key ingredient to a ... court'sjurisdiction in criminal prosecutions .... "). Smith-Bey's purported status as a Moorish-American citizen does not enable him to violate state laws without consequence. Thus. "the argument that a person is entitled to ignore the laws of the [State of Maryland] by claiming membership in the Moorish-American nation is without merit[.]" £1 \'. Mayor ,!(City olNeII' rork, 2014 WL 4954476. at *5 (E.D.N.Y. 2(14) (citation omitted) (internal quotation marks omitted). "Laws of the United States apply to all 'Smith-Bey's argument. relating to his prosecution under the name ofooCHARLES SMITII:' sounds as a flesh-and-blood. sovereign man defense claim. These types of challenges have been repeatedly rejectcd by the courts. See. e.g. United States \'. Mitchell. 405 F.Supp.2d 602.603-06 (D. Md. 2005). , J persons within its borders. Even if [Petitioner] were not a citizen of the United States (though he is, having been born here), he would be obliged to respect the laws of this nation:' Uniled Slale.l' v. .James. 328 FJd 953, 954 (7th Cir. 2003). Habeas corpus relief will be denied. When a district court dismisses a habeas petition. a certificate of appealability may issue "only if the applicant has made a substantial showing of the denial of a constitutional right:' 28 U.S.c. * 2253(c)(2). A prisoner satisfies this standard by demonstrating ..that reasonable jurists would tind the district court's assessment of the constitutional claims debatable or wrong:' Tennord Slack 1'. 1'. Drelke. 542 U.S. 274. 282 (2004) (quoting McDaniel, 529 U.S. 473. 484 (2000)). or that ..the issues presented were 'adequate to deserve encouragement to proceed further,''' Miller-ell'. Cockrell. 537 U.S. 322. 336 (2003) (quoting Bare/iJllI \'. ESlelle, 463 U.S. 880. 893 n. 4 (1983). Smith-Bey does not satisty this standard. and the Court declines to issue a certificate of appealability. For the aforementioned reasons. Smith-Bey's Petition for Writ of Habeas Corpus shall he denied and dismissed with prejudice. A separate Order follows. Dated: OctoberC, ~!-- .2015 ~.-------- GEORGE J. HAZEL United States District Judge 4
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