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Nicholas T. Brown v. Eric Taylor

September 6, 2011

NICHOLAS T. BROWN,
PETITIONER,
v.
ERIC TAYLOR,
RESPONDENTS.



The opinion of the court was delivered by: Hon. Noel L. Hillman

NOT FOR PUBLICATION

OPINION

HILLMAN, District Judge

Nicholas T. Brown ("Petitioner"), an inmate incarcerated at Camden County Correctional Facility in New Jersey, filed a Petition with this Court. This Court will summarily dismiss the Petition for lack of jurisdiction.

I. BACKGROUND

On August 11, 2011, Petitioner executed a two-page document labeled "Writ of Habeas Corpus Ad Deliberandum et Recipiendum"; he addressed it to "United States District Court of Camden County, State of New Jersey, Honorable Robert B. Kugler, presiding." (Dkt. 1.) In that document, Petitioner stated:

I, Nicholas T. Brown, confined at the Camden County Correctional Facility, Camden, New Jersey, pursuant to 2A:67-13(h), hereby seeking a Writ of Habeas Corpus ad Deliberandum et Recipiendum and alleges:

1) I, Nicholas T. Brown, am imprisoned and restraine[]d in the Camden County Correctional Facility, and the person of officer whom by I am imprisoned and restrained is the respondent, Eric Taylor, Warden of the aforementioned county jail;

2) I, Nicholas T. Brown, have been committed, kidnapped and am detained by virtue of process;

3) The cause, and presentation is in question, as it pertains to my nationality, a non-federal citizen, a Moorish American to whom the Court has no jurisdiction over my body, nor have I've given jurisdiction over me;

4) No previous application has been made for this writ, by myself or anyone on my behalf;

5) WHEREFORE, I, the petitioner pray that this writ of habeas corpus ad deliberandum et recipiendum, directed to Eric Taylor, as warden of the County Jail of Camden County, or whosoever has custodial charge of the lack of process, or me, Nicholas T. Brown, petitioner in this matter, commanding to produce me, Nicholas T. Brown, before this Court at a stated term thereof. Whereby I may be held in and for the lack of process or answer to process, at the United States District Courthouse on the earliest date possible, that I, the petitioner may address the alleged accusation action levied against me by said Court, as is my right pursuant to R. 3:4-2 and R. 3:4-2, New Jersey Court Rules, and Uniform Commercial Code (UCC) 1-207 & 1-308. (Dkt. 1.)

II. STANDARD OF REVIEW

"Habeas corpus petitions must meet heightened pleading requirements." McFarland v. Scott, 512 U.S. 849, 856 (1994). Habeas Rule 2(c) requires a ยง 2254 petition to "specify all the grounds for relief available to the petitioner," "state the facts supporting each ground," "state the relief requested," be printed, typewritten, or legibly handwritten, and be ...


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