Brown v. Warden, Warren Correctional Institution
Filing
72
DECISION AND ORDER overruling Objections 70 to the Magistrate Judge's Decision and Order/Report and Recommendations 65 . Signed by Judge Thomas M. Rose on 6-6-2018. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
JEFFREY ANTONIO BROWN,
Petitioner,
:
- vs -
Case No. 3:17-cv-080
District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz
CHAE HARRIS, Warden,
Warren Correctional Institution,
:
Respondent.
DECISION AND ORDER OVERRULING OBJECTIONS
This case is before the Court on Petitioner’s Objections (ECF No. 70) to the Magistrate
Judge’s Decision and Order/Report and Recommendations of May 22, 2018 (ECF No. 65). The
Court has reviewed the Objections as required by Fed. R. Civ. P. 72(a) for non-dispositive matters
and 72(b)(3) for dispositive matters.
Petitioner’s claimed status as a “Moorish American citizen of the Land” has no bearing on
the resolution of this case. Petitioner, as a person in custody of the State of Ohio, has invoked the
jurisdiction of this Court to determine under 28 U.S.C. § 2254 whether he is in custody pursuant
to a judicial order that violates the Constitution, laws, or treaties of the United States. He has the
same rights under that statute as any other natural human being thus confined. His claimed status
as a Moorish American does not confer upon him any rights not enjoyed by any other person this
confined, nor does he have any rights under the treaty between the United States and the Kingdom
of Morocco of 1787.
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Petitioner’s demand for a “Certified Delegation of Authority Order” is rejected. No such
document exists nor is there any provision of federal law that provides for creation of such a
document.
Petitioner’s demand for a certified copy of Magistrate Judge Merz’s Sworn Oath of Office
is also rejected. The Court takes judicial notice that Michael R. Merz too the prescribed oath of
office as a United States Magistrate Judge before the Honorable Carl B. Rubin in open court on
November 20, 1984, and has served continuously in that office since that date.
The Court finds that it has jurisdiction over the subject matter of this case by virtue of 28
U.S.C. § 2241. Petitioner’s challenge to the jurisdiction of the Ohio courts in this case has been
dealt with in the Decision and Order of May 4, 2018 (ECF No. 53).
The existence of Fed. R. Civ. P. 6, providing for motions for extension of time, does not
imply or create a right to have such a motion granted.
Accordingly, Petitioner’s Objections (ECF No. 70) are OVERRULED in their entirety.
June 6, 2018
*s/Thomas M. Rose
_____________________________
Thomas M. Rose
United States District Judge
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