Opinion
Civil Action 23-543 (UNA)
03-13-2023
DAVID BRIAN MORGAN, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
MEMORANDUM OPINION
RANDOLPH D. MOSS UNITED STATES DISTRICT JUDGE
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 28 U.S.C. § 2255 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 id. at 56, and among other relief, demands his release from custody, see id. at 14. 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,” 28 U.S.C. § 2255(a), relief under § 2255 is not available. See Morgan v. State of Oklahoma, No. 16-cv-1003-R, 2016 WL 6269616, 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 28 U.S.C. § 2254 either. See Morgan v. Bear, No. 17-cv-797-R, 2018 WL 2210449, at *1 (W.D. Okla. Apr. 13, 2018) (recounting Morgan's litigation history and 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, 2018 WL 2209526 (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