UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

DAVID BRIAN MORGAN, ) ) Petitioner, ) ) v. ) Civil Action No. 23-543 (UNA) ) UNITED STATES OF AMERICA, ) ) Respondent. )

MEMORANDUM OPINION

This matter is before the Court on consideration of David Brian Morgan’s application to

proceed in forma pauperis (ECF No. 2) and pro se Motion Under

to Vacate,

Set Aside, or Correct Sentence by a Person in Federal Custody (ECF No. 1, “Pet.”). Having

been convicted in the Oklahoma County District Court, Morgan is serving a life sentence at the

Joseph Harp Correctional Center in Lexington, Oklahoma. See Pet. at 1 (page numbers

designated by CM/ECF). Generally, Morgan challenges his conviction and sentence, see

at 5-

6, and among other relief, demands his release from custody, see

. The Court will grant

the application and dismiss the petition.

Because Morgan is not in “[a] prisoner in custody under sentence of a court established

by Act of Congress,”

(a), relief under § 2255 is not available. See Morgan v.

State of Oklahoma, No. 16-cv-1003-R,

, at *1 (W.D. Okla. Oct. 26, 2016)

(“Having failed to establish that he is “[a] prisoner under sentence of a court established by Act

of Congress” Mr. Morgan cannot prevail.”). And as Morgan well knows, he has no recourse in

federal district court under

either. See Morgan v. Bear, No. 17-cv-797-R,

, at *1 (W.D. Okla. Apr. 13, 2018) (recounting Morgan’s litigation history and

1 stating that § 2254 claims in No. 15-cv-782-R had been dismissed “as unauthorized and second

or successive”), report and recommendation adopted, No. 17-cv-797-R,

(W.D. Okla. May 14, 2018); see also Morgan v. United States, No. 22-1060 (D.D.C. May 6,

2022) (dismissing § 2254 petition for lack of jurisdiction).

An Order is issued separately

/s/ RANDOLPH D. MOSS DATE: March 13, 2023 United States District Judge

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