Dwayne Arthur Mallett loses his Moor-ings

[KickahaOta]

Dawane Arthur Mallett has discovered his fantastic heritage as a "Moorish American". Tragically, there are insurmountable barriers to his full exercise of that heritage -- specifically the numerous sturdy and pointy barriers of Florence ADMAX USP, where he is currently scheduled to reside until 2069. He demanded his "divine inherent birthright to ex-patriate and re-patriate" to the United Kingdom. The Tenth Circuit was unenthused. Full opinion here; the version below is slightly edited to remove some boilerplate and citations.

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Dawane Arthur Mallett, a federal prisoner proceeding pro se, appeals from an order of the district court dismissing his 28 U.S.C. § 2241 habeas corpus petition as frivolous. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, this court affirms the district court’s order of dismissal.

In 2003, Mallett “was convicted of two counts of aiding and abetting interference with commerce by robbery, in violation of 18 U .S.C. § 1951(a)(2); two counts of use of a firearm, in violation of 18 U.S.C. § 924(c); one count of aiding and abetting armed bank burglary and kidnapping, in violation of 18 U.S.C. § 2113(a), (d) and (e); and one count of aiding and abetting carjacking a vehicle that has been transported in interstate commerce, in violation of 18 U.S.C. § 2119.” He was sentenced to 654 months in federal prison. The Ninth Circuit affirmed. Mallett eventually filed the instant § 2241 petition in district court asserting a right to be immediately released and deported to the United Kingdom pursuant to the provisions of 8 U.S.C. § 1536(a)(3) and 8 U.S.C. § 1537(a)(1)-(2). In support of his asserted entitlement to immediate release, Mallett claimed that as a “Moorish American,” he had a “divine inherent birthright to ex-patriate and re-patriate at any time.” But see Carroll v. Moorehead, 710 F. App’x 346, 347 (10th Cir. 2018) (collecting cases for the proposition that claims “Moorish American Nationals” are entitled to special legal rights are legally frivolous). Attached to Mallett’s petition was an “Oath of Office Appointment Affidavit,” with a signature on the part of Mallett described as “Signature of Major President United Kingdom of Great Britain and Ireland,” and the purported signature of “Queen Elisebeth [sic], Queen of England.” The district court concluded Mallett’s allegations were “delusional and factually frivolous” and that his claim rested on “an indisputedly meritless legal theory.”

The district court’s conclusion that Mallett’s § 2241 petition is frivolous is indisputably correct and Mallett’s flimsy appellate arguments to the contrary are utterly frivolous. Accordingly, for exactly those reasons set out by the district court, this court AFFIRMS the district court’s order of dismissal. Furthermore, because Mallett has failed to make a reasoned, nonfrivolous argument on appeal, we DENY his motion to proceed on appeal in forma pauperis and order him to remit the full appellate filing fee forthwith.

[Siegfried Shrink]

order him to remit the full appellate filing fee forthwith.

Isn't that going to be a bit tricky if he is banged up for 50 more years?

[AndyK]

Incarcerated until 2069.

That gives him over 50 years to clog up the court system with multiple spurious, frivolous filings.

He also has time to stop being a Moor and switch to sovereign citizen, indigenous person of North America, descendant of persons kidnapped from Africa, and whatever is the current "I m not an American citizen" whimsy de jour.

[notorial dissent]

I'm still trying to figure out why he thinks Great Britain would want him. Hopefully he'll make the friv list and get shut down. I'm Kind of curious about how he ended up at SuperMax on those charges. Maybe his endearing personality.

[LaVidaRoja]

Doesn't the failure to pay ordered filing fees block him from subsequent filing until he pays up?

[KickahaOta]

Doesn't the failure to pay ordered filing fees block him from subsequent filing until he pays up?

Not unless the court in question gets fed up enough to issue an order to that effect. Normally the court just gets a cut of whatever happens to make its way into the inmate's prison account through gifts or work assignments or whatever. It's a delicate balance; people with genuine grievances shouldn't be cut off from the courts because they can't pay, but at some point frivolous litigants have to be controlled.

[KickahaOta]

By the way, the original district court application... petition... demand... whatever the heck it is, is on RECAP at https://www.courtlistener.com/recap/gov ... 53.3.0.pdf.

[Gregg]

order him to remit the full appellate filing fee forthwith.

Isn't that going to be a bit tricky if he is banged up for 50 more years?

He can't have any commissary until its paid, that might be the worst part of being in most prisons, but Florence is special, so it's gonna suck, but it's barely gonna be top ten there.

[Flup]

Interesting that the Florence ADX inmates' handbook has this to say about sovcit activities (page 6):

LIENS:

You are prohibited from obtaining or possessing Uniform Commercial Code (UCC) Financing Statement (lien) and attendant forms, documents, and materials. You are further prohibited from possession any documents, letters, papers, etc., that contain personal information, including but not limited to Bureau of Prisons' staff, United States Attorneys, Assistant United States Attorney, judges, governors, and agents of the Federal Bureau of Investigation, Drug Enforcement Agency, and Alcohol Tobacco and Firearms. [...]

[Burnaby49]

Here's his habeas corpus petition demanding that his divine inherent birthright as a Moorish American be respected;

https://www.courtlistener.com/recap/gov ... 53.3.0.pdf

A touch confusing. He wants to be sent to the United Kingdom but, while the application was filed in 2017, he wants his extradition made effective as of 1980 when the Queen apparently witnessed his loyalty oath to the UK.

He's also appointed himself to the position of Major President (which makes him "Head of the State of the United Kingdom of Great Britain and Ireland") and head of the King's Bench court in Los Angeles county.

[notorial dissent]

Good point. I'm still trying to figure out what the UK did to him that he wants to be "repatriated" back there, or why they would want him back. of course, I think it is a whole lot simpler than that, I really don't think he really, or even comes close, to understanding what those big words really mean,

[Dr. Caligari]

Good point. I'm still trying to figure out what the UK did to him that he wants to be "repatriated" back there, or why they would want him back. of course, I think it is a whole lot simpler than that, I really don't think he really, or even comes close, to understanding what those big words really mean,

Maybe he thinks it's the same as "decapitated"?

[AndyK]

Repatriated as in: I want British citizenship, but still live in the USA as a free, entitled Moor.

[Siegfried Shrink]

That's good. We dont't really need any more moors over here.

We already have Dartmoor, Bodmin Moor and Exmoor taking up a lot of the West Country.

[Famspear]

….We dont't really need any more moors over here......

…..Moor or less....

[Judge Roy Bean]

….We dont't really need any more moors over here......

…..Moor or less....

You are found guilty of excessive punnery ... [ gavel sound ]. The fine is set at fifty Quatloos, or a fifth of reposada tequila and four laying hens. Pay the clerk on the way out.

[Famspear]

You are found guilty of excessive punnery ... [ gavel sound ]. The fine is set at fifty Quatloos, or a fifth of reposada tequila and four laying hens. Pay the clerk on the way out.

To quote uhmm……. well, to quote myself, actually...…:

Oh, the pain that might come with bad punnery
Would be better than life in a nunnery!
Spending years with those girls
Without kissing their curls?
-- That would hardly be very much funnery!

--from May 9, 2013
http://www.quatloos.com/Q-Forum/viewtop ... =51&t=8369

[wserra]

Oh, let me have just a little bit of peril?

[BoomerSooner17]

This thread seems to have slipped its moorings.

[notorial dissent]

But I'm sure there is moor to come.