Samuels v. United States

Background

Milton Samuels, who was incarcerated at the Federal Correctional Institution in Fort Dix, New Jersey, filed a submission without a lawyer. He titled it a “Request for Inquiry into Involuntary Servitude For Violation of Section(1) of the 13th Amendment.” He asked the court to conduct a full inquiry into the investigation and prosecution of his criminal case to determine whether federal rules or constitutional protections had been violated.

Court’s analysis

The court stated that Samuels cited no authority giving it power to conduct an independent investigation into his long-closed criminal case. The court explained that, to the extent Samuels sought to challenge his conviction or sentence, the proper procedure was a motion under 28 U.S.C. § 2255, the federal procedure for challenging a federal conviction or sentence after judgment.

The court further stated that Samuels had already challenged his conviction and sentence through a § 2255 motion. That motion had been denied on the merits, and the appeal from that denial had been dismissed. The court explained that a second or later § 2255 motion would require authorization from the United States Court of Appeals for the Second Circuit, requested directly from that court.

Ruling and disposition

The court denied Samuels’s motion. It also declined to issue a certificate of appealability because the motion did not make a substantial showing that a constitutional right had been denied. A certificate of appealability is required for certain federal appeals involving the denial of post-conviction relief. The court additionally certified that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The Clerk was directed to mail Samuels a copy of the order, record service in both cases, and close civil case No. 20-cv-510 (RJS).