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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

UNITED STATES OF AMERICA,

Case No. 4:94cr4021-WS

vs.

ARTHUR JEROME MARTIN,

Defendant.

 /

REPORT AND RECOMMENDATION

TO DISMISS PETITION FOR WRIT OF HABEAS CORPUS

Defendant Arthur Jerome Martin filed a document titled "Writ of Habeas Corpus

in this District Court of the United States an Article III Court for the 50 States for My

Immediate Release under the Crown's British Accreditation Registry (B.A.R.) As All

Officers of the Court Are 'International Agents' of the British." Doc. 363 (allcaps

omitted). Defendant asserts that this court lacked jurisdiction and authority to sentence

him and he must therefore be released. He makes a variety of allegations and

assertions, for example that the Pope and the Vatican control the United States through

the B.A.R., and that Congress, the courts, and all cabinets of the executive branch

should be shot by cadets at West Point for treason. 

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1

 Under the "savings clause" of § 2255, a petition for writ of habeas corpus filed

by a prisoner authorized to seek relief under § 2255 will not be considered, "unless it

also appears that the remedy by motion is inadequate or ineffective to test the legality of

his detention." § 2255; Wofford v. Scott, 177 F.3d 1236, 1244 (11th Cir. 1999) (setting

forth criteria for satisfying the savings clause). 

2

 One form provided by the clerk is appropriate under § 1331 (cases presenting a

federal question) and § 1346 (Federal Tort Claims Act complaints). 

Case Nos. 4:94cr4021-WS 

Defendant is entitled to relief from his conviction and sentence, if at all, by a

motion to vacate sentence filed pursuant to 28 U.S.C. § 2255 or alternatively, a petition

for writ of habeas corpus pursuant to § 2241.1 He is entitled to relief from any other

claims (i.e., those claims not going to the conviction, sentence, or length of

confinement), if at all, by filing a civil action. The rules of this court provide:

No application for writ of habeas corpus under 28 U.S.C. §§ 2254 or 2241,

motion under 28 U.S.C. § 2255, or civil action commenced by pro se

litigants under 42 U.S.C. § 1983 or 2000e (Title VII), 28 U.S.C. §§ 1331 or

1346,[2

] shall be considered by the court unless the appropriate forms

have been properly completed, signed, and filed by the litigant.

Local Rule 5.1(J)(2). The current document was not submitted on a form, and it is

largely incomprehensible. 

As Defendant was previously denied § 2255 relief he must obtain authorization

from the court of appeals before filing a second or successive § 2255 motion. § 2255

(referencing § 2244); § 2255 Rule 9(b). See also doc. 352 (adopted by doc. 355), pp. 2-

4 (discussing the procedural history of this case and the authorization requirement). 

Forms for filing a second or successive § 2255 motion are available from the Clerk of

the Eleventh Circuit. See 11th Cir. Rule 22-3(a) (applicants seeking leave to file a

second or successive § 2255 motion "must use the appropriate form provided by the

clerk of this court."). 

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3

 Under 28 U.S.C. § 1914(a) the filing fee for any civil action is $ 350.00, except

the fee for filing a habeas corpus petition is $ 5.00. A motion in the criminal case (for

example under § 2255) does not require a filing fee. 

4

 The PLRA does not apply in habeas corpus or § 2255 proceedings. Harris v.

Garner, 216 F.3d 970, 979, n. 7 (11th Cir. 2000), cert. denied, 532 U.S. 1065 (2001)

(citation omitted). If Defendant files a complain subject to the PLRA and is granted

leave to proceed in forma pauperis, he will ultimately have to pay the filing fee and the

court may assess a schedule for partial payments. 

Case Nos. 4:94cr4021-WS 

Absent authorization for filing a § 2255 motion, therefore, Defendant may file a §

2241 petition or a civil complaint. If he proceeds by filing either he must submit the filing

fee3 or, alternatively, an application to proceed in forma pauperis. Defendant is advised

that for a civil complaint (other than a motion to vacate or a habeas corpus petition), he

will be subject to the Prison Litigation Reform Act (PLRA). See 28 U.S.C. § 1915A, 42

U.S.C. § 1997e.4

In any event, he is not entitled to relief by motion filed in this criminal case, as he

has not been authorized to file a second or successive § 2255 motion. 

It is therefore respectfully RECOMMENDED that the "writ of habeas corpus"

(doc. 363) be SUMMARILY DISMISSED. 

IN CHAMBERS at Tallahassee, Florida, on September 28, 2007.

 S/ William C. Sherrill, Jr. 

WILLIAM C. SHERRILL, JR.

UNITED STATES MAGISTRATE JUDGE

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Case Nos. 4:94cr4021-WS 

NOTICE TO THE PARTIES

A party may file specific, written objections to the proposed findings and

recommendations within 15 days after being served with a copy of this report and

recommendation. A party may respond to another party's objections within 10 days after

being served with a copy thereof. Failure to file specific objections limits the scope of

review of proposed factual findings and recommendations.

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