Opinion
Case: 1:16-cv-00617
03-30-2016
DONNELL L. HOWARD, Petitioner, v. WILLIAM J. SMITH, Warden, Respondent.
Assigned To: Unassigned
Assign. Date: 4/1/2016
Description: Habeas Corpus/2255 (G Deck) MEMORANDUM OPINION
This matter comes before the court on review of petitioner's application to proceed in forma pauperis and pro se petition for a writ of habeas corpus. The Court will grant the application, and dismiss the petition.
Petitioner is under the impression that his status as a Moorish American National is a valid basis for his immediate release from the District of Columbia's custody. He is mistaken. See, e.g., Metaphyzic El-Ectromagnetic Supreme-El v. Dir., Dep't of Corr., No. 3:14CV52, 2015 WL 1138246, at *4 (E.D. Va. Mar. 3, 2015), appeal dismissed sub nom. Supreme-El v. Dir., Dep't of Corr., 610 F. App'x 279 (4th Cir. 2015) cert. denied sub nom. Metaphyzic El-Ectromagnetic Supreme-El v. Clarke, 136 S. Ct. 878 (2016); Wright El v. South Carolina, No. CA 3:11-3100, 2012 WL 1605118, at *1 (D.S.C. May 8, 2012); Windom Bey v. Am. Tax Funding, No. 11-cv-6458, 2012 WL 1495368, at *6 (W.D.N.Y. Apr. 27, 2012); Pitt-Bey v. District of Columbia, 942 A.2d 1132, 1135 (D.C. 2008) (rejecting claims that criminal defendant was "immune from prosecution in the Superior Court of the District of Columbia" and that he "should be accorded diplomatic immunity pursuant to federal law" based on his status as a member of The Nation of Moorish Americans").
Because the complaint "lacks an arguable basis either in law or in fact," Neitzke v. Williams, 490 U.S. 213, 325 (1989), it is frivolous and subject to dismissal, see 28 U.S.C. §§ 1915(e)(2)(B)(i), 1915A(b)(1); see also El Bey v. New Jersey, No. 14-1221, 2014 WL 4197572, at *1 (D.D.C. Aug. 20, 2014). An Order consistent with this Memorandum Opinion is issued separately.
/s/_________
United States District Judge DATE: 3/30/16