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IN THE UNITED STATES DISTRICT COURT 

 FOR THE SOUTHERN DISTRICT OF OHIO 

 WESTERN DIVISION AT DAYTON

JEFFREY ANTONIO BROWN, 

Petitioner, : Case No. 3:17-cv-080 

- vs - District Judge Thomas M. Rose 

Magistrate Judge Michael R. Merz 

CHAE HARRIS, Warden, 

 Warren Correctional Institution, 

 : 

 Respondent. 

 DECISION AND ORDER DENYING PETITIONER’S RULE 59 

MOTION 

 

 This case is before the Court on Petitioner’s Objections (ECF No. 73) to the Magistrate 

Judge’s Report and Recommendations of June 1, 2018, recommending Petitioner’s Motion under 

Fed. R. Civ. P. 58 be denied (Report, ECF No. 71). As required by Fed. R. Civ. P. 72(b), the 

District Judge has reviewed de novo each portion of the Report to which objection has been made. 

Having completed that review, the Court rules as follows: 

1. Contrary to Petitioner’s assertion, this Court has jurisdiction pursuant to 28 U.S.C. § 2241 

to hear and consider the Petition for writ of habeas corpus filed herein, has done so, and has 

determined that Petition should be dismissed with prejudice (i.e., on the merits)(See Decision, ECF 

No. 53, PageID 3965; Judgment, ECF No. 54). That judgment is a final appealable order of this 

Court which Petitioner may appeal to the Sixth Circuit Court of Appeals upon obtaining from that 

court a certificate of appealability under 28 U.S.C. § 2244. 
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2. Contrary to Petitioner’s assertion (ECF No. 73, PageID 4075), this is not a “vice admiralty 

court.” It is a District Court of the United States established by Congress pursuant to Article III 

of the United States Constitution. See 28 U.S.C. § 115(b). 

3. Contrary to Petitioner’s assertion (ECF No. 73, PageID 4075), he has no right to a 

“consular” court to decide his Petition for writ of habeas corpus. 

4. Petitioner’s demand that this Court “cease and desist from its willful act of tampering with 

El’s writs by construing them as motions” is rejected. Any additional filings by Petitioner labeled 

“writs” will be stricken as Petitioner has no authority to issue writs. 

5. Petitioner’s objection to the above caption for this case is rejected. Petitioner has not shown 

good cause to amend the caption from the caption he placed on the Petition when he filed it: 

“JEFFREY ANTONIO BROWN VS. SHEA HARRIS.” (Petition, ECF No. 4, PageID 262. 

6. Petitioner objects to the Magistrate Judge’s conclusion that a motion for new trial under 

Fed. R. Civ. P. 59(d) “is not appropriate in this case where no trial or other evidentiary hearing 

was ever held.” (Report, ECF No. 71, PageID 4069). Petitioner argues instead that a trial consists 

of “the filing of the Writ, the Return of Writ, the Reply, and a Judgment on the evidence presented 

by both sides.” (Objections, ECF No. 73, PageID 4076). Petitioner cites no authority for this 

position and none is known to the Court. The Petition, Return, and Reply comprise the pleadings 

in a habeas corpus case. 

7. Petitioner claims that “the District Judge has never reached a final judgment on the 

evidentiary hearing issue” (Objections, ECF No. 73, PageID 4076). Entry of final judgment on 

the merits without conducting an evidentiary hearing implicitly denied Petitioner’s request for such 

a hearing. But in order that the matter be made explicit, the Court finds Petitioner’s Objections 
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(ECF No. 44) to the Magistrate Judge’s order denying an evidentiary hearing (ECF No. 40) are 

without merit and they are hereby expressly overruled, particularly on the authority of Cullen v. 

Pinholster, 563 U.S. 170 (2011).

8. Petitioner claims he meets the requirements of Fed. R. Civ. P. 59(e) in that he has newlydiscovered evidence in that 

when those issues were being addressed [in the state courts], El was 

unable to properly represent E'x Rel. due to fact that; El was attached 

to Ex Rel., under "Wardship" along with .Ex Rel.,as a ward of the 

state (state property), and was considered a "Minority" (which 

means El lacked the capacity to handle his own affairs, which does 

not have anything to do with color of skin or your age). El was a 

ward of the state along with Ex Rel., because El was a "stateless 

person" (which includes state-of-mind) prior to declaring who El is 

and his Nationality. 

The Magistrate Judge's emphasis on the phrase; "To constitute 

"newly discovered evidence," he implies that the evidence must 

have been previously available to El concerning his MoorishAmerican Status, how, this assumption is miplaced, and El Objects. 

El asserts that his Moorish-American National Aboriginal and 

Indigenous Status has been oppressed, suppressed, and hidden 

through fraudulent means by the unclean hands of others, and as 

such, this newly discovered evidence of El's National Social Status 

and Nationality was previously unavailable. 

 

(Objections, ECF No. 73, PageID 4077.) Whatever personal significance this declaration of 

Moorish-American national status may have to Petitioner, it has no legal significance to this habeas 

corpus case. Petitioner was convicted and sentenced under the name “Jeffrey Antonio Brown.” It 

was in that name that he sought relief from his conviction in this Court and lost. A habeas 

petitioner cannot obtain relief from judgment by declaring a different nationality. 

9. Petitioner asserts he will not have received due process of law in this case as required by 

the Fifth Amendment “until this Court transfer[s] this case to the proper venue (consular court or 
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court of general sessions). Because this Court has found it has jurisdiction of the subject matter 

of the case, Petitioner is free to make this argument on appeal, if he can obtain leave of the Sixth 

Circuit to do so. Any demand for transfer of this case to a “consular court” or “court of general 

sessions” is rejected. 

 In accordance with these rulings, Petitioner’s Objections to the Report are overruled, the 

Report is adopted, and Petitioner’s Fed. R. Civ. P. 59 Motion is DENIED. 

June 18, 2018 *s/Thomas M. Rose 

 _____________________________ 

 Thomas M. Rose 

 United States District Judge