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Rivers v. Ortiz

United States District Court, D. New Jersey

May 16, 2018

VIRGIL RIVERS, Petitioner,
v.
DAVID ORTIZ, Respondent.

          Virgil Rivers, Petitioner pro se

          OPINION

          HON. JEROME B. SIMANDLE, U.S. District Judge

         1. Virgil Henrik Jr. Rivers Bey, a federal prisoner confined at FCI Fort Dix, New Jersey, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petition, Docket Entry 1.

         2. Petitioner alleges he is being unlawfully confined at FCI Fort Dix “under involuntary servitude labor with the inmate population incarcerated on conviction of terrorism and drug trafficking from inside countries of Mexico and South America.” Id. at 2.

         3. He stated he is being held against his will “as a (Kidnap Hostage)” after being arrested by New York Police Department officers on September 29, 2003. Id. ¶ 1.

         4. Petitioner asked what was happening, and the officer responded that Petitioner “was being seize[d] for committing a crime!” Id. He then alleges he was taken to a basement with a cage-like structure and was placed in a room “full [of] foreien [sic] born Alien Vietnamese . . ., Mexicans, Iranianes [sic] and Guatemalainas [sic].” Id. ¶ 3.

         5. Petitioner was then taken before a magistrate. Id. ¶ 4.

         6. Petitioner claims he is of Moorish-American nationality and cites the Barbary Treaty. Id. ¶ 7. He states he has been held hostage for the past fifteen years in violation of the Thirteenth and Fourteenth Amendments. Id. ¶ 8.

         7. He therefore demands the Court issue a writ of habeas corpus under § 2241.

         8. The Court administratively terminated the petition on November 3, 2017 due to Petitioner's failure to use the correct form. Docket Entry 2.

         9. On March 23, 2018, Petitioner sent a letter to the Court demanding it issue the writ. Docket Entry 3.

         10. On April 10, 2018, the Court again informed Petitioner that he had to fill out the required form and that the matter would be reopened once the Court received the form. Docket Entry 4.

         11. Instead of following the Court's instructions, Petitioner filed a writ of praecipe requesting the Court to serve the petition. Docket Entry 5. Petitioner included his birth certificate as an exhibit.

         12. Section 2241 “confers habeas jurisdiction to hear the petition of a federal prisoner who is challenging not the validity but the execution of his ...


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