McAbee-Bey v. Cerino et al

Filing 5

MEMORANDUM. Signed by Judge Gregory M. Sleet on 10/20/2017. (fms)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE TERRANCE PAUL MCABEE-BEY, Petitioner, ) Civ. A. No. 17-1340-GMS ) JOHN CERINO, Clerk of Court, et al. Respondents. MEMORANDUM I. INTRODUCTION Presently before the court is a petition for a writ of habeas corpus ("petition")filed by petitioner Terrance Paul McAbee Bey. (D.I. 1.) McAbee-Bey is a federal prisoner at the Big Spring Federal Correctional Institution in Big Spring, Texas. See Federal Bureau of Prisons Inmate Locator, He challenges his convictions for drug related crimes in the United States District Court for the District of South Dakota' on the ground that the District Court lacked jurisdiction to convict him because he is a "Moor of American descent." (D.I. 1 at 2, 10) Although McAbee-Bey does not the identify the authority under which he is pursuing habeas relief, the court presumes that he filed the petition pursuant to 28 U.S.C. § 2255 or 28 U.S.C. § 2241. II. DISCUSSION A district court may summarily dismiss a federal prisoner's habeas petition "if it plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief." See Rule 4 of the Rules Governing Section 2255 Cases in the United States 'See McAbee v. United States, Civ. A. No. 17-4090-KES, R&R(D. S.D. Sept. 18, 2017).

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?