Opinion

Bin Bey v. Huhn

Court
District Court, E.D. Missouri
Filed
Dec 11, 2023
Cited by
0 cases
Authority
More cited than 24.3%

applying Younger abstention doctrine to ongoing state administrative proceedings

How later courts described this case

  • applying Younger abstention doctrine to ongoing state administrative proceedings
  • applying Rule 4 to habeas petitions brought under § 2241

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MISSOURI

EASTERN DIVISION

DREKE BIN BEY )

a/k/a Reginald Geron Brown, )

)

Petitioner, )

)

v. ) No. 4:23-CV-834 RLW

)

VALERIE HUHN, )

)

Respondent. )

MEMORANDUM AND ORDER

This matter comes before the Court on petitioner Dreke bin Bey’s filing titled “Affidavit

of Fact Habeas Corpus Complaint Declaration Factual Innocence to Dismiss Case for Lack of

United States Constitution Jurisdiction, Lack of Admiralty and Maritime Jurisdiction, Lack of

Common Law Jurisdiction, Lack of Delegation of Authority Order Jurisdiction, Lack of Personam

Jurisdiction, Lack of Subject Matter Jurisdiction, Lack of Territorial Jurisdiction, Improper

Venue,” which the Court will construe as an amended petition for writ of habeas corpus pursuant

to 28 U.S.C. § 2241. For the following reasons, the amended petition will be denied.

Background

Petitioner is a Missouri state pretrial detainee, incarcerated at the St. Louis City Justice

Center. He has been charged with four felony counts: (1) assault—serious physical injury or

special victim, (2) armed criminal action, (3) assault—first degree or attempt, and (4) armed

criminal action. State of Missouri v. Brown, No. 2022-CR02030-01 (22nd Jud. Cir. filed Mar. 2,

2021).1 Shortly after these criminal charges were filed, the Missouri state court ordered a mental

1The Court reviewed Petitioner’s criminal case on Missouri Case.net, Missouri’s online

case management system.

examination of petitioner. On June 28, 2023, after the mental examination was conducted, the state

court found that Petitioner was no longer incompetent to understand the proceedings against him

or to assist in his defense. Petitioner was discharged from the Missouri Department of Mental

Health and returned to the custody of the St. Louis Justice Center.

The Amended Petition

In his amended petition, petitioner seeks to have his state criminal charges dismissed on

several jurisdictional grounds. He states that the criminal complaint lacks “United States

Constitution Jurisdiction,” admiralty and maritime jurisdiction, common law jurisdiction,

delegation of authority order jurisdiction, personal jurisdiction, subject matter jurisdiction, and

territorial jurisdiction. In support of his claim, he states that he is not a person, not a defendant, not

a United States citizen, does not reside at any address, and does not have anything to do with

American waters, ships, and vessels. He objects that the criminal case does not have an injured

party, he has not given oral or written consent to the state court, and there is no territorial

jurisdiction in the court records. Finally, for all of these same reasons, he states the St. Louis City

Circuit Court is the improper venue for his criminal action.

Discussion

Habeas corpus is generally a post-conviction remedy. See Peyton v. Rowe, 391 U.S. 54, 59

(1968). However, a state court defendant attempting to litigate the authority of his or her pretrial

detention may bring a habeas petition pursuant to 28 U.S.C. § 2241. See Walck v. Edmondson, 472

F.3d 1227, 1235 (10th Cir. 2007). As such, a § 2241 petition is the appropriate method for

petitioner to attack his state court pretrial detention.

Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts

provides that “[i]f it plainly appears from the petition and any attached exhibits that the petitioner

is not entitled to relief in the district court, the judge must dismiss the petition and direct the clerk

to notify petitioner.” Id. Rule 4 apples to § 2241 cases through Rule 1(b). See Rule 1(b) (“The

district court may apply any or all of these rules to a habeas corpus petition not covered by Rule

1(a).”); Risenhoover v. Washington Cnty. Comm. Servs., 545 F. Supp. 2d 885, 888 (D. Minn. 2008)

(applying Rule 4 to habeas petitions brought under § 2241).

Based on the allegations in petitioner’s amended petition, the Court finds he is not entitled

to relief in federal district court. To the extent his petition can be understood, petitioner is claiming

the Missouri state court does not have jurisdiction of his criminal case. The Supreme Court has

warned federal courts to guard against the interruption of state adjudications by means of federal

habeas proceedings. See Braden v. 30th Jud. Cir. Ct. of Ky., 410 U.S. 484, 490 (1973). Specifically,

the abstention doctrine set forth in Younger v. Harris requires federal courts to abstain from hearing

petitions related to ongoing state criminal proceedings that implicate important state interests.

Younger, 401 U.S. 37 (1971). Petitioner’s criminal proceedings are ongoing in the St. Louis City

Circuit Court and petitioner has an adequate opportunity to raise these jurisdictional issues there.

In light of this, the Court declines petitioner’s request to insert itself into his ongoing state criminal

case. Younger, 401 U.S. 37 (1971); see also Norwood v. Dickey, 409 F.3d 901, 903 (8th Cir. 2005)

(applying Younger abstention doctrine to ongoing state administrative proceedings).

For these reasons, it plainly appears that petitioner is not entitled to relief on his § 2241

petition. The petition will be summarily dismissed.

Accordingly,

IT IS HEREBY ORDERED that petitioner’s filing titled “Affidavit of Fact Habeas

Corpus Complaint Declaration Factual Innocence to Dismiss Case for Lack of United States

Constitution Jurisdiction, Lack of Admiralty and Maritime Jurisdiction, Lack of Common Law

Jurisdiction, Lack of Delegation of Authority Order Jurisdiction, Lack of Personam Jurisdiction,

Lack of Subject Matter Jurisdiction Lack of Territorial Jurisdiction, Improper Venue,” which the

Court construes as an applications for writ of habeas corpus pursuant to 28 U.S.C. § 2241, is

DISMISSED.

IT IS FURTHER ORDERED that petitioner’s affidavit of fact for appointment of next

friend is DENIED. [ECF No. 2]

IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability.

An Order of Dismissal will accompany this Memorandum and Order.

Acre L. WHITE

UNITED STATES DISTRICT JUDGE

Dated this 11th day of December, 2023.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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