DAVIS v. UNITED STATES OF AMERICA

Filing 3

MEMORANDUM OPINION accompanying final order issued separately this day. Signed by Judge Rudolph Contreras on 11/3/14.(ah)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

CHARLES ALEXANDER DAVIS, )
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Petitioner,
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v.
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)
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UNITED STATES OF AMERICA, )
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Respondent.
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Civil Action No. 14-1619 (RC)

MEMORANDUM OPINION
Petitioner is a prisoner at the Federal Correctional Institution in Seagoville, Texas.
Proceeding pro se, he seeks a writ of habeas corpus to “preserve [his] personal freedom, personal
rights, natural rights, political rights and rights secured by the Constitution of the United States
of America (organic).” Pet. for Writ of Habeas Corpus Ad Subjiciendum at 1. The gravamen of
this action is a challenge to petitioner’s federal convictions entered in the Western District of
North Carolina “for the alleged crimes of filing a false and fraudulent Form 1040 and interfering
with the administration of internal revenue laws[.]” Id. at 2. Petitioner alleges, among other
wrongs, that the convictions were obtained “without [a constitutionally valid] indictment or
complaint.” Id. But see United States v. Davis, 539 Fed. Appx. 279, 280, 284 (4th Cir. 2013)
(per curiam) (rejecting on direct appeal petitioner’s “frivolous argument” that “the indictment is
not bona fide or that the government knowingly filed a document that is not what it purports to
be”).
Since petitioner’s convictions occurred in the United States District Court for the Western
District of North Carolina, he cannot obtain habeas relief in this Court. This is because
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[a] prisoner in custody under sentence of a court established by Act of
Congress claiming the right to be released upon the ground that the sentence
was imposed in violation of the Constitution or laws of the United States . .
. or is otherwise subject to collateral attack, may move the court which
imposed the sentence to vacate, set aside or correct the sentence.
U.S.C. § 2255(a). And
[a]n application for a writ of habeas corpus in behalf of a prisoner who is
authorized to apply for relief by motion pursuant to this section, shall not be
entertained if it appears that the applicant has failed to apply for relief, by
motion, to the court which sentenced him, or that such court has denied him
relief, unless it also appears that the remedy by motion is inadequate or
ineffective to test the legality of his detention.
28 U.S.C. § 2255(e). Petitioner has not alleged, let alone shown, that his available remedy under
§ 2255 is inadequate or ineffective. Hence, this case will be dismissed. A separate Order
accompanies this Memorandum Opinion.

________/s/____________
RUDOLPH CONTRERAS
United States District Judge
DATE: November 3, 2014

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