McAbee-Bey v. Cerino et al

Filing 5

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

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, https://www.bop.gov/inmateloc/ocator. 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).