Allah v. Strange

1 EASTERN DISTRICT OF WASHINGTON 2 Oct 18, 2024 3 SEAN F. MCAVOY, CLERK 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF WASHINGTON ALLAH©, 10 No. 4:24-cv-05113-SAB SP/C, 5% Nation of Islam, Petitioner, ORDER TO PROCEED IN FORMA v. PAUPERIS AND ORDER 13 SUMMARILY DISMISSING PETITION CHERYL STRANGE, doing business as Sec. of DOC, and JACK WARNER, doing business as Sup. of MCC, Respondents.

20 On September 10, 2024, Petitioner, a prisoner at the Monroe Correctional Complex, Intensive Management Unit (“IMU”), in Monroe, Washington, filed a pro se document titled, “Allah’s© Petition for Writ of Habeas Corpus, DOC Employee’s Have Made An Illegal DOC ID Green Card for Debtor COSTON, EDWIN RANDALL, With DOC Number 950376, On March 23, 1990, Without A Conviction Or Authority And Sent This Illegal DOC ID To The Washington State Patrol To Falsely Imprison Allah© With Void Judgment(s) That Are Not Convictions With Various Names That Are Not Legal.” ECF No. 1. He did not properly seek leave to proceed in forma pauperis or pay the $5.00 filing fee. ECF No. 3. On October 1, 2024, Petitioner filed a completed application to proceed in forma pauperis. ECF No. 4.

3 Because it appears that Petitioner lacks sufficient funds to prosecute this action, his request to proceed in forma pauperis is GRANTED and this action may proceed without payment of the filing fee.

6 Petitioner seeks to compel named Respondents to “appear and present the authority/conviction that was used to make a DOC Identification Green Card for debtor COSTON, EDWIN RANDAL, with DOC number 950376, on March 23, 1990, without any authority or conviction in violation of U.S. Constitution Art. 1, § 10 . . . .” ECF No. 1 at 1. This is the seventeenth habeas action Petitioner has filed in this District since 2010.

12 Petitioner’s repeated assertions regarding the name(s) under which he is detained do not warrant federal habeas relief. Any contentions regarding King County convictions and their impact on Petitioner’s continued confinement must be pursued in the Western District of Washington. Furthermore, monetary damages are not an available habeas corpus remedy. See Nelson v. Campbell, 541 U.S. 637, 646 (2004) (noting that “damages are not an available habeas remedy”).

18 Any contentions regarding his Franklin County conviction have already been rejected by the Court. See Allah v. Holbrook, No. 4:16-CV-05045-SAB; Allah v. Holbrook, No. 4:21-CV-05120-SAB; Allah v. Strange, et al., No. 4:21-CV-05124- SAB; and Allah v. State of Washington, et al., No. 4:22-CV-05003-SAB. The Court declines to entertain Petitioner’s arguments further.

23 // // // // // // 1 Accordingly, IT IS HEREBY ORDERED: 1. Petitioner’s request to proceed in forma pauperis is GRANTED.

3 2. The Petition for Writ of Habeas Corpus, ECF No. 1, is DENIED with prejudice.

5 2. The Court certifies that pursuant to 28 U.S.C. § 1915(a)(3), an appeal from this decision could not be taken in good faith, and there is no basis upon which to issue a certificate of appealability. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b).

9 IT IS SO ORDERED. The Clerk of Court is directed to enter this Order, enter judgment, and forward a copy to Petitioner. The Clerk of Court shall close 11|| the file.

12 DATED this 18th day of October 2024. " byt Secta 19 Stanley A. Bastian 30 Chief United States District Judge ORDER TO PROCEED IN FORMA PAUPERIS AND ORDER SUMMARILY