Ware v. United States

Background

Ulysses T. Ware filed a petition under 28 U.S.C. § 2241 challenging two federal convictions: a 2007 conviction for securities fraud and conspiracy, and a 2007 conviction on three counts of criminal contempt. He sought, among other relief, an end to enforcement of the criminal judgments, vacatur of his convictions and sentences, a new trial, dismissal of the indictments, evidentiary hearings, and a $2.225 billion money judgment. Ware represented himself.

The court had previously determined that challenges to the legality of federal convictions and sentences must ordinarily be brought under 28 U.S.C. § 2255, the federal statute providing that procedure. It therefore separated Ware’s petition into two § 2255 motions, dismissed improperly named respondents, and gave Ware the opportunity either to withdraw the motions or file amended motions stating his grounds for relief and showing that the motions were timely.

Reasons for Denying the Motions

The court concluded that Ware did not properly amend either motion and did not show that either application was timely. The court also stated that his filings indicated he was not in custody when he filed the petition, which the court held was required under § 2255. In addition, the court found that his later pleadings contained implausible, frivolous, and vexatious allegations and did not correct the deficiencies identified in the earlier order.

Because Ware failed to comply with the court’s instructions and the motions lacked an arguable basis in law and fact, the court denied his habeas motions. The court also denied each of his pending requests, directed the Clerk of Court to terminate the pending motions and requests, and directed the Clerk to close both civil cases.

Filing Injunction

The court separately considered whether to restrict Ware’s ability to file new cases. It reviewed his history of numerous filings, repeated allegations concerning his criminal convictions, disregard of orders from multiple judges, and prior sanctions. Applying the factors used to assess filing restrictions—including litigation history, motive, representation, burdens on the court and other parties, and whether lesser sanctions would be adequate—the court found that Ware was likely to continue abusing the judicial process.

The court therefore issued a filing injunction. Without first obtaining leave of court, Ware may not file a new action in the Southern District of New York against the United States or any current or former New York judge, official, or employee when the action arises from his prior federal criminal convictions. The order also stated that no certificate of appealability would issue because Ware had not made the required substantial showing that a constitutional right was denied, and it denied permission to proceed without paying filing fees for an appeal.