Smith-Bey v. Wolfe et al
Filing
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MEMORANDUM OPINION. Signed by Judge George Jarrod Hazel on 10/6/2015. (kns, Deputy Clerk)(c/m 10/7/15)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
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CHARLES ARNELL SMITH-BEY,
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.JOHN WOLFE, ef 01.
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MEMORANDUM OPINION
On September 2. 2015. Charles Arnell Smith-Bey liIed an undated Petition for Writ of
Habeas Corpus.' This Petition represents the sixth federal habeas corpus action Iiled on bchalf of
or by Smith-Bey in the past six months.2 Smith-Bey holds himself out as an Authorizcd
Representativc of the Moorish Divine, National Movcmcnt. Ilc attacks his March 27, 2014
"violation of probation" conviction and live-year scntcnce imposcd in thc Circuit Court ji)r
Charles County:' ECF No. I.
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The Petition
\\'[IS
postmarked on August 31. 2015.
, In each of the five prior Petitions. Smith-Bey raised claims related to his Moorish-American
ancestry and
the jurisdiction of state authorities to prosecute him. and each Petition was summarily dismissed without
prejudice. See Smith-Bey \'. Wolfe. et 01.. Civil Action No. 15-764-GJH (D. Md.): Smith-Bey 1'. Wolfe. et
01.. Civil Action No. 15-1 067-GJII (D. Md.): Smith-Bey \'. Wolfe. e1al.. Civil Action No. 15-1336-GJ H
(D. Md.); Smilh-Bey 1'. Wu!fe. e1al.. Civil Action No. l5-1654-GJII
(D. Md.): ,','milh-Be)'1'. Wolte. el 01..
Civil Action No. 15-l915-GJI { (D. Md.). Alier Smith-Bey's most recent Petition. Smilh-Bey 1'. Wolfe. el
al.. Civil Action No. 15-l915-GJH.
the Court cautioned that any t,.rther Petitious by Smith-Bey raising a
challenge to his conviction on grounds of his Moorish-American
defense would be decided on the mcrits.
lci. at ECF NO.3.
,; The state court docket shows that Smith-Bey was represcnted by counsel in his criminal proceeding.
After ajury trial helore Judge Robert C. Nalley. Charles Arnell Smith was convicted of second-degree
Affording
was deprived
his sclf~representcd
Petition a generous construction.
of his right to his nationality
as a Moorish-American
Smith-Bey
National and Wazir/Consul
the land and the exercise
of his religion secured by "de jure constitutional
No. I at 7-8. Smith-Bey
further alleges that he was convicted
corporate
person-nom
de guerre idcntity of 'CHARLES
ld. at 9-10. He concludes
"to the jurisdiction
Charles County. Maryland
them jurisdiction:'
produced.
Nalley" challenging
and demanding
the jurisdiction
Title 28 U.S.c.
court [to dcmonstrate]
S 2254
...
of authority order that grants
/d. at 12-14.
that he is in custody in violation of the Constitution:'
warned by this Court that only constitutional
Smith-Bey
has failed to set out colorable
conviction.
Insofar as Smith-Bey
Moorish-Americans.
Moorish-Americans.
of the Circuit Court ICJr
requires "a person in custody pursuant to the judgment
previously
prosecute
making a plea
/d. at II. He rclies on various
and treaties in support of his Writ.4
provisions
an aflidavit
that argument
of a State
Although
claims would bc subject to review.
claims in support of his challenge
is asserting
male:'
argues that as no evidence of pro of was ever
he is entitled to the entry of default judgment.
constitutional
and treaty law:' ECF
SMITI-!" Black Alrican-Amcrican
proof of the "delegation
td. at 10-11. Smith-Bey
of
under the "misrepresented
by stating that in July 2014. he submitted
of[Judge]
claims that he
that the Maryland
to his 2014 Maryland
state courts lack jurisdiction
has been repeatedly
to
rejected. Thc law is clear that
like all citizens of the United States. arc subject to the laws of the
physical child abuse in the Circuit Court for Charles County. Maryland. On March 27. 2014. hc "as
sentenced to a five.year term. State l'. Smith. Case Number OSK 1000792 (Circuit C01ll1 f,,, Charles
County). On July 1. 2015. the Court of Special Appeals of Maryland denied Smith-Bey's application for
leave to appeal. See http://casesearch.courts.state.md.us/casesearch.
4 Accompanying the Writ is Smith-Bey's Motion for Leave to Proceed In Forma Pauperis. lOCI'NO.2.
Because he appears indigent. the Motion for Leave to Proceed In Forma Pauperis shall be granted.
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jurisdiction in which they reside. See. e.g. Bey \'. Jamaica Realty. No. 12-CV-1241 (ENV). 2012
WL 1634161. *In. I (E.D.N.Y. May 9.2(12)
No. 5:II-CV-00423-FL.
(citation omitted): see also £I-Bey v. N. Carolina.
2012 WL 368374. at *2 (E.D.N.C. Jan. 9. 2(12) ("[AJny claim based on
the contention that PlaintifTs are not subject to the laws of North Carolina because of their
alleged Moorish nationality and the Treaty of Peace and Friendship of 1787 is frivolous.").
recommendation adopted. NO.5: II-CV -423-FL. 2012 WL 368369 (E.D.N.C. Feb. 3. 2(12):
Allah £1 v. Dist. AI/orney/ilr Bronx C/1/)'..No. 09 CV 8746 (GBD). 2009 WL 3756331. at * I
(S.D.N.Y. Nov. 4. 2009) ("'Petitioner's purported status as a Moorish-American citizen does not
enable him to violate state and federal laws without consequence."). "Regardless of an
individual's claimed status of descent. be it as a 'sovereign citizen: a 'secured-party creditor: or
a 'tlesh-and-blood
human being.' that person is not beyond the jurisdiction of the courts. These
theories should be rejected summarily. however they are presented:';
United States \'. Benahe.
654 F.3d 753. 767 (7th Cir. 2011) (collecting cases): see also United States v. White. 480 F.
App'x. 193. 194 (4th Cir. 2(12) ("'Neither the citizenship nor the heritage of a defendant
constitutes a key ingredient to a ... court'sjurisdiction
in criminal prosecutions .... ").
Smith-Bey's purported status as a Moorish-American citizen does not enable him to
violate state laws without consequence. Thus. "the argument that a person is entitled to ignore
the laws of the [State of Maryland] by claiming membership in the Moorish-American nation is
without merit[.]" £1 \'. Mayor ,!(City olNeII' rork, 2014 WL 4954476. at *5 (E.D.N.Y. 2(14)
(citation omitted) (internal quotation marks omitted). "Laws of the United States apply to all
'Smith-Bey's argument. relating to his prosecution under the name ofooCHARLES SMITII:' sounds as a
flesh-and-blood. sovereign man defense claim. These types of challenges have been repeatedly rejectcd by
the courts. See. e.g. United States \'. Mitchell. 405 F.Supp.2d 602.603-06 (D. Md. 2005).
,
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persons within its borders. Even if [Petitioner] were not a citizen of the United States (though he
is, having been born here), he would be obliged to respect the laws of this nation:' Uniled Slale.l'
v. .James. 328 FJd 953, 954 (7th Cir. 2003).
Habeas corpus relief will be denied. When a district court dismisses a habeas petition. a
certificate of appealability may issue "only if the applicant has made a substantial showing of the
denial of a constitutional right:' 28 U.S.c.
* 2253(c)(2). A prisoner satisfies this standard by
demonstrating ..that reasonable jurists would tind the district court's assessment of the
constitutional claims debatable or wrong:' Tennord
Slack
1'.
1'.
Drelke. 542 U.S. 274. 282 (2004) (quoting
McDaniel, 529 U.S. 473. 484 (2000)). or that ..the issues presented were 'adequate to
deserve encouragement to proceed further,''' Miller-ell'. Cockrell. 537 U.S. 322. 336 (2003)
(quoting Bare/iJllI \'. ESlelle, 463 U.S. 880. 893 n. 4 (1983). Smith-Bey does not satisty this
standard. and the Court declines to issue a certificate of appealability.
For the aforementioned reasons. Smith-Bey's Petition for Writ of Habeas Corpus shall he
denied and dismissed with prejudice. A separate Order follows.
Dated: OctoberC,
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.2015
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GEORGE J. HAZEL
United States District Judge
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