Bey v. Watson

Filing 14

ORDER ADOPTING 6 REPORT AND RECOMMENDATION, denying application to proceed in forma pauperis 2 (Written Opinion). Signed by Judge Paul A. Magnuson on September 7, 2017. (ALT)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Iregous Parks Bey,

Case No. 17-cv-1853 (PAM/KMM)
Petitioner,

v.

MEMORANDUM AND ORDER

Tom Watson, Warden,
Respondent.

This matter is before the Court on the Report and Recommendation (“R&R”) of
United States Magistrate Judge Katherine Menendez dated July 17, 2017 (Docket No. 6).
In the R&R, Magistrate Judge Menendez recommends summarily dismissing the Petition
for a Writ of Mandamus and denying Petitioner’s application to proceed in forma
pauperis. Petitioner filed an Objection to the R&R on August 28, 2017 (Docket No. 11).
This Court must review de novo any portion of an R&R to which specific
objections are made. 28 U.S.C. § 636(b)(1); D. Minn. L.R. 72.2(b). The R&R found that
Petitioner’s claim was frivolous because he is not immune from incarceration as a Sheik
of the Moorish Science Temple of America, and he cannot challenge in this jurisdiction
the validity of the conviction for which he is incarcerated.

(R&R at 1-2.)

After

conducting the required review and for the following reasons, the Court adopts the R&R.
Petitioner claims that he “has never been sentenced or convicted for any crime(s)
against the laws of the United States.” (Pet’r’s Obj. (Docket No. 11) at 3.) But in 2006,
the United States District Court of the Northern District of Iowa convicted Petitioner of

conspiracy to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1), and possession of
a firearm in furtherance of a drug-trafficking crime, in violation of 18 U.S.C.
§ 924(c)(1)(A)(i). United States v. Parks, 1:06-cr-0025-LRR (N.D. Iowa filed Nov. 3,
2006.) He also appears to claim that his incarceration violates the Thirteenth Amendment
because his inmate race identification classifies his race as “Black” and he “cannot be
held liable for anything committed by the Negro, Colored, or Black race” nor can he be
subjected to a judgment “pursuant to the badges of slavery.” (Pet’r’s Obj. at 3-4.) But
Petitioner was incarcerated for violating 21 U.S.C. § 841(a)(1) and 18 U.S.C.
§ 924(c)(1)(A)(i)—not because of his race.
Lastly, Petitioner claims that the R&R erred because he never claimed to be
immune from prosecution based on his status as a Sheik of the Moorish Science Temple
of America. (Id. at 2.) But in his objection, Petitioner similarly contends that he is
immune from prosecution because he is a member of the Moorish Science Temple of
America. (Id. at 2-3.) As Magistrate Judge Menendez noted, Petitioner’s membership in
the Moorish Science Temple of America does not shield him from prosecution. (R&R at
2 (citing United States v. White, 480 F. App’x 193, 194 (4th Cir. 2012); Freeman v.
Bernsen, No. 4:14-cv-336-AGF, 2014 WL 1316249, at *1 (E.D. Mo. Apr. 2, 2014)).)
Because the Court agrees with the R&R that Petitioner’s claim is frivolous, it must
be dismissed. See 28 U.S.C. 1915(e)(2)(B)(i).

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Accordingly, IT IS HEREBY ORDERED that:
1.

The R&R (Docket No. 6) is ADOPTED;

2.

The Petition for Writ of Mandamus (Docket No. 1) is SUMMARILY
DISMISSED; and

3.

Petitioner’s application to proceed in forma pauperis (Docket No. 2) is
DENIED.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: September 7, 2017

s/Paul A. Magnuson
Paul A. Magnuson
United States District Court Judge

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