Opinion
Criminal Action No. 3:97-CR-17-02
02-19-2013
UNITED STATES OF AMERICA, Plaintiff, v. JASON J. SMITH, aka Phillip Daniel Smith, Defendant.
(BAILEY)
ORDER DENYING PRO SE MOTION
On this day, the above-styled criminal action came before this Court upon consideration of the defendant's pro se Notice and Demand to Vacate Void Judgment for Lack of Jurisdiction and for Injunctive Relief from Criminal Fraud F.R.C.P. Rule 60(b)(4) [Doc. 395], which was filed on February 11, 2013. In his motion, the defendant asserts that this Court lacked jurisdiction over his criminal action in which he was convicted by a jury to a one (1) count Indictment nearly fifteen (15) years ago [Doc. 238].
The defendant's theory as to why this Court lacked jurisdiction over his criminal action is "that this court usurped its authority by adjudicating this cause of action in a territorial court and applying territorial 'Acts of Congress' against a Citizen and inhabitant of the Sovereign Republic of West Virginia state. (State zone Citizen)." [Doc. 395 at p. 3].
This Court has reviewed the defendant's Motion and the law in support thereof and finds it is completely without merit. Accordingly, the defendant's pro se Notice and Demand to Vacate Void Judgment for Lack of Jurisdiction and for Injunctive Relief from Criminal Fraud F.R.C.P. Rule 60(b)(4) [Doc. 395] is hereby DENIED.
Finally, upon an independent review of the record, this Court hereby DENIES a certificate of appealability, finding that the petitioner has failed to make "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2).
It is so ORDERED.
The Clerk is hereby directed to transmit copies of this Order to all counsel of record herein and to mail a certified copy to the pro se defendant.
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JOHN PRESTON BAILEY
UNITED STATES DISTRICT JUDGE