Fowler-Bey v. Johnson

Filing 5

ORDER OF TRANSFER: IT IS ORDERED that the § 2254 petition be and is hereby TRANSFERRED to the United States District Court for the District of Maryland. Signed by Magistrate Judge Joseph H L Perez-Montes on 4/25/2018. (crt,Haik, K)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
ALEXANDRIA DIVISION
JAMES HENRY FOWLER-BEY,
Petitioner

CIVIL ACTION NO. 1:18-CV-342-P

VERSUS

JUDGE DEE D. DRELL

CALVIN JOHNSON,
Respondent

MAGISTRATE JUDGE PEREZ-MONTES

ORDER OF TRANSFER
Before the Court is a petition for writ of habeas corpus (28 U.S.C. § 2241) filed
by pro se Petitioner James Henry Fowler-Bey (“Fowler”) (#58836-066). Fowler is a
state prisoner in the custody of the United States Bureau of Prisons, incarcerated at
the United States Penitentiary in Pollock, Louisiana. Fowler claims that his custody
is unlawful because he is a Moorish-American.
Because Fowler’s petition arises under 28 U.S.C. § 2254, and not § 2241, his
petition should be transferred to the United States District Court for the District of
Maryland, which encompasses the judicial district where Fowler was convicted and
sentenced.
I.

Background
Fowler alleges that he was convicted of unspecified offenses in the Circuit

Court of the State of Maryland for Prince George’s County. (Doc. 1, p. 1). He was
sentenced to “two life terms plus 60 years.” (Doc. 1, p. 2). Fowler claims his detention
is unlawful because he is a Moorish American. Fowler argues the convicting court
lacked jurisdiction to convict and sentence him.

II.

Law and Analysis
A.

Fowler’s claim arises under § 2254 rather than § 2241.

Fowler filed suit under § 2241, which is used to challenge the manner in which
a sentence is executed. See Warren v. Miles, 230 F.3d 688, 694 (5th Cir. 2000).
However, Fowler is not challenging the manner in which his sentence is being
executed. Rather, Fowler is challenging the validity of his state conviction and
sentences as a Moorish American with “sovereign, private status,” and no victim to
his alleged crimes. (Doc. 1, p. 7). Section 2254 is used to challenge the legality of a
state conviction or sentence. See Preiser v. Rodriguez, 411 U.S. 475, 487–90 (1973)
(holding that habeas corpus is the exclusive remedy for a state prisoner who
challenges the fact or duration of his confinement and seeks immediate or speedier
release). Therefore, Fowler’s claim arises under § 2254 rather than § 2241.
B.

Fowler’s petition should be transferred.

Section 2254 petitions can be filed either in the federal district where the
petitioner was convicted and sentenced, or the federal district where the petitioner is
in custody. Title 28 U.S.C. § 2241(d) provides:
Where an application for a writ of habeas corpus is made by a person in
custody under the judgment and sentence of a State court of a State
which contains two or more Federal judicial districts, the application
may be filed in the district court for the district wherein such person is
in custody or in the district court for the district within which the State
court was held which convicted and sentenced him and each of such
district courts shall have concurrent jurisdiction to entertain the
application. The district court for the district wherein such an
application is filed in the exercise of its discretion and in furtherance of
justice may transfer the application to the other district court for
hearing and determination.

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Although Fowler is incarcerated within the jurisdiction of this Court, the
undersigned finds that venue is more appropriate in the District of Maryland, which
encompasses the judicial district where Fowler was convicted. The record is located
within that district, and it would be more convenient for witnesses should a hearing
be required.
III.

Conclusion
For the foregoing reasons, IT IS ORDERED that the § 2254 petition be and is

hereby TRANSFERRED to the United States District Court for the District of
Maryland.
25th
THUS DONE AND SIGNED in chambers in Alexandria, Louisiana, this ____
day of April, 2018.
_______________________________
Hon. Joseph H.L. Perez-Montes
United States Magistrate Judge

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