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Powell v. United States

United States District Court, Third Circuit

May 10, 2013

JAMES POWELL, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

JAMES POWELL, Williamstown, NJ, Petitioner Pro Se.

OPINION

JEROME B. SIMANDLE, Chief Judge.

James Powell, a federal inmate confined at CCM Philadelphia, filed a document seeking release from imprisonment, which he labeled "Emergency Relief Action Motion to strike defendants claim, dismiss all actions, Release plaintiff (human body) From all forms of imprisonment Probation/parole." (ECF No. 1 at p. 1.) This Court construes Powell's submission as a challenge to the sentence of imprisonment and supervised released imposed on December 17, 2002, and amended on July 28, 2009, by Senior United States District Judge Malcolm. J. Howard in the United States District Court for the Eastern District of North Carolina, after Powell pled guilty to conspiracy to distribute and possess with intent to distribute cocaine base, contrary to 21 U.S.C. § 846. See United States v. Powell, Crim. 01-0295-H order (E.D. N.C. July 28, 2009). Having thoroughly reviewed Powell's submissions, as well as the docket in the underlying criminal proceeding, this Court will dismiss the application for lack of jurisdiction.

I. BACKGROUND

On January 7, 2002, Powell pled guilty to conspiracy to distribute and possess with intent to distribute cocaine base, see 21 U.S.C. § 846, and criminal forfeiture, see 21 U.S.C. § 253. On December 17, 2002, Judge Howard sentenced Powell to 200 months in prison and five years of supervised release. On November 18, 2003, Powell filed a motion to vacate the sentence under 28 U.S.C. § 2255, and on April 29, 2004, Judge Howard dismissed the motion. On December 29, 2004, the Fourth Circuit denied a certificate of appealability. See United States v. Powell, 117 Fed.App'x 117 (4th Cir. 2004). Powell filed various other motions challenging his sentence, such as a motion to alter the judgment and a motion to amend, which Judge Howard denied. However, on July 28, 2009, Judge Howard granted Powell's motion for sentence reduction pursuant to 18 U.S.C. § 3582(c) (2), and reduced his term of imprisonment from 200 months to 162 months.

Powell, who is now incarcerated at a residential reentry center in Philadelphia, is scheduled to be released on August 25, 2013. See

Federal Bureau of Prisons, Inmate Locator, http://www.bop.gov/iloc2/InmateFinderServlet?Transaction=IDSearc h&needingMoreList=false&IDType=IRN&IDNumber=XXXXX-XXX&x=0&y=0 (May 8, 2013). He signed this petition on April 25, 2013, and provided to the Clerk an address in Williamstown, New Jersey. The emergency relief petition states:

Comes now, James Devon Powell, hence forth plaintiff asking this court under civ. Rule 65.1 applications for emergency relief should not be immediately granted.
The plaintiff a man born of God, in the form of human flesh respectfully moves this court to grant the above said motion and give the relief sought. The court of Judge Malcolm. Howard and the United States of America... based on the commercial and contractual documents filed with these entities under the rules and regulations set forth by the government and its constitution and articles, do not have any legally binding contract in which obligates the body of James D. Powell or any fictional name they so give to any further bondage or servitude..
The plaintiff having served by registered U.S. Postal Mail... Secretary of the Treasury [] Affidavits of Commercial Notice, i.e. Registered Private Offset Bond... and Registered Bonded Promissory Note...
The plaintiff also filed and sent Uniform Commercial code financing statements UCC1 and UCC1 addendums from the states of Georgia and Maryland (international), also UCC-207 secured party, Power of Attorney, Common Law Copyright Notice... these documents all commercially trans active, legislated by administrative law are systematically ruled for commercial transactions between nations, stated and individuals.
The plaintiff having also submitted Release of Lien on Real Property and Release of Personal Property from Escrow (the body of James Devon Powell) are all relative to real property under the Uniform Commercial Code.
Under Articles of the United States of America, Maritime Law, and the Governments USC charging apparatus all crimes are commercial...
The plaintiff wishes this court notices that NOTICES THAT under these laws, regulations, articles, statutes etc. the plaintiff put forth his commercial and administrative ...

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