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MUHAMMED v. COBURN

December 11, 1980

Re: MUHAMMED
v.
COBURN, et als



The opinion of the court was delivered by: BIUNNO

MEMORANDUM

Muhammed was convicted of murder after jury trial in the New Jersey courts, and is now confined. He has filed here a complaint and amended complaint under the Civil Rights Act, and attacks the validity of his arrest, the use at trial of an inculpatory statement, and other alleged misconduct.

 Mr. Muhammed has filed a plethora of papers in this case, hardly waiting for the ink to dry on one before filing the next. At one stage he engaged in the practice of writing letters to the court in chambers, obliging the court to issue memoranda to instruct him to follow the established practice.

 Although acting pro se, Mr. Muhammed is not unfamiliar with this court. His indictment, trial and conviction in New Jersey was by the name of Lloyd Jackson, a/k/a Lloyd G. Jackson, a/k/a Lloyd George Jackson. He filed a suit in this court as Jackson against prison officers under 42 U.S.C. § 1983 on August 5, 1977, Civ. 77-1619, which was dismissed November 13, 1978, with no appeal taken.

 He filed another suit under the name Muhammed on June 18, 1979, Civ. 79-1880, also under 42 U.S.C. § 1983, which was eventually dismissed by Judge Thompson on February 5, 1980, on Mr. Muhammed's own motion.

 In the present case, Mr. Muhammed alleges a connected series of events which led to his trial, in which inculpatory statements he made were received in evidence against him. The series of events begins with his allegedly unlawful arrest which, although by arrest warrant, he claims was without probable cause. The arrest, he says, led to his confinement during which he says his inculpatory statement was involuntarily coerced. That statement, in turn, was introduced at trial (after complying with the Jackson v. Denno requirements) and led to his conviction.

 At present, the judgment of conviction stands against him unimpeached, is entitled to full faith and credit, 28 U.S.C. § 1738, and so bars the supposed civil rights claim as stated.

 Since the suit began, Muhammed applied to the New Jersey courts for post-conviction relief under N.J. Court Rule 3:22, and a N.J. Public Defender was appointed to represent him there.

 The matter came before the court on November 10, 1980 on a number of motions, all of which were ordered decided on the papers without oral argument under F.R.Civ.P. 78.

 The first motion is one by Muhammed for a preliminary injunction to restrain the further processing of his Rule 3:22 motion. That relief must be denied because of the statute, 28 U.S.C. § 2283.

 The second motion is one by Muhammed for the issuance of subpoenas. Subpoenas are issued by the clerk under F.R.Civ.P. 45, and no separate order is involved. That motion is denied.

 The third motion is by Muhammed for the appointment of counsel. The clerk's file discloses that the ACLU office in Trenton is providing him with assistance. The court accordingly entered a memorandum calling on that unit to submit names of attorneys in the Trenton area (where Muhammed is confined) willing to accept appointment. ACLU respectfully declined to submit names. The court has so far found no attorney willing to accept the responsibility after evaluating the papers, in view of the contingent nature of any compensation or reimbursement for expenses. This motion is denied without prejudice.

 Finally, defendants move to dismiss. The motion rests on the proposition that the predicates for each claim asserted here, such as the alleged lack of probable cause for issuing the arrest warrant, the alleged involuntary nature of the inculpatory statement received in ...


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