United States District Court, C.D. Illinois, Peoria Division
ORDER & OPINION
BILLY McDADE United States Senior District Judge
matter before the Court is Petitioner, Thirplus Tino Moose
Bey's, “Emergency Petition for Constitutional Writ
of Habeas Corpus” pursuant to 28 U.S.C. § 2242.
For the reasons set forth below, Petitioner's Request for
Writ (Doc. 1) is denied and Petitioner is warned that the
filing of future habeas petitions asserting similar
“sovereign citizen” arguments will result in
sanctions by the Court.
pleaded guilty to conspiracy to commit bank robbery (Count
1), armed bank robbery with forcible restraint (Count 2), and
using and carrying a firearm during and in relation to a
crime of violence (Count 5). Petitioner was sentenced by the
United States District Court for the Western District of
Missouri to a total of 420 months of
incarceration. Under the terms of the plea agreement,
Moose waived his right to appeal his conviction or sentence,
and the waiver was upheld on direct appeal.
August 9, 2016, Petitioner filed a Petition for Writ of
Habeas Corpus pursuant to 28 U.S.C. § 2241. Moose v.
United States, No. 16-cv-01296-JES (C.D. Ill. Aug. 19,
2016). The petition raised several challenges to the
jurisdiction of the United States to indict, sentence, or
imprison him; all of the challenges were based on his status
as a “Private Aboriginal Indigenous Moorish American
National . . . of sentient capacity . . . .”
Id. On August 19, 2016, the court denied
Petitioner's frivolous petition, because the laws of the
United States apply to all persons within its borders.
Id. (citing United States v. Phillips, 326
F. App'x 400 (7th Cir. 2009) (noting that district courts
have jurisdiction over defendants brought on charges of
violations of federal law and rejecting “sovereign
citizen” arguments as frivolous)).
September 15, 2016, less than a month after the court
rejected Petitioner's § 2241 claim, Petitioner filed
an “Emergency Petition for Constitutional Writ of
Habeas Corpus” pursuant to 28 U.S.C. § 2242.
Petitioner's filing is nearly impossible to comprehend,
because it consists of strings of nonsensical quotations and
unconnected assertions. A few excerpts will illustrate this
issue. For example, Petitioner claims that he:
“stands squarely affirmed and bound to The Moorish Holy
Temple of Science/Moorish Science Temple of America Divine
Constitution and By-Laws, and Zodiac Constitution
(Nature's Law) with all due and respect to the United
States Republic of North America (Amexem).” (Doc. 1 at
claims to be:
“an Aboriginal, Indigenous Moor Inhabitant of Northwest
Amexem near Illinois Republic created by the Several States
of America . . . .” (Id. at 4).
he claims that:
“If there is no proper jurisdiction or venue, then no
lawful or legal trial can be held, therefore, all rights
revert back to the People (Self-government with Sovereign
Authority). This is where Certificate AA222141 clearly proves
its purpose. When government officials superseded their
jurisdiction, or deny lawful due process, redress, recourse
and remedy, “At Law”, then they are criminals,
and are traitors to the Constitution . . . .”
(Id. at 5).
Petition continues in this manner for 9 pages, while an
additional affidavit provides another 5 pages of similar
ramblings. Amidst the nonsensical ramble, it appears that the
Petitioner believes that there was no jurisdiction over him
when he was arrested, nor that there was jurisdiction over
him when he pleaded and was sentenced in the Western District
of Missouri. (Doc. 1-1 at 2-3). Petitioner believes this
because he believes that the “Governor of Missouri
Republic must consent to cession of jurisdiction”
before the federal government could have jurisdiction.
Id. This type of argument is frequently known as a
“sovereign citizen” argument.
se pleadings are given liberal construction and are held
to a less stringent standard than formal pleadings drafted by
attorneys. Erickson v. Pardus, 551 U.S. 89, 94
(2007) (per curiam); Ambrose v. Roeckeman, 749 F.3d
615, 618 (7th Cir. 2014). However, a court must still decide