Ware v. United States of America

Background

Ulysses T. Ware filed a self-represented petition under 28 U.S.C. § 2241 challenging two federal convictions: his 2007 conviction for securities fraud and conspiracy to commit securities and wire fraud, and his 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.

The case was transferred from the Eastern District of New York to the Southern District of New York. In a December 12, 2022 order, the court severed Ware’s petition into two motions under 28 U.S.C. § 2255, the statutory procedure for challenging the legality of a federal conviction or sentence. The court directed Ware 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 Habeas Motions

The court found that Ware did not properly amend either motion or demonstrate that the applications were timely. The court also concluded that his filings indicated he was not in custody when he filed the original petition, as required for relief 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 court’s earlier order.

The court therefore denied Ware’s habeas corpus motions challenging his prior convictions. It also denied each of Ware’s pending requests and directed the Clerk of Court to terminate the listed motions and close both civil actions.

Filing Injunction

The court separately considered whether to restrict future filings. It applied five factors concerning Ware’s litigation history, his apparent motive, whether he was represented by counsel, the burden his filings imposed on the courts and other parties, and whether lesser sanctions would be adequate. The court found that Ware had repeatedly filed frivolous and repetitive materials, disregarded orders from multiple judges, and continued the conduct despite prior warnings and sanctions.

The court issued a filing injunction under the All Writs Act. Without first obtaining leave of court, Ware may not file any 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.

Other Rulings

The court stated that a certificate of appealability would not issue because Ware had not made a substantial showing that a constitutional right was denied. It also certified that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.

Disposition

Judge Edgardo Ramos denied Ware’s habeas corpus motions, denied his pending requests, issued the filing injunction, directed the Clerk to terminate the specified motions, and directed the Clerk to close both cases.