Morgan v. United States

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
DAVID BRIAN MORGAN, )
)
Petitioner, )
)
v. ) Civil Action No. 23-543 (UNA)
)
UNITED STATES OF AMERICA, )
)
Respondent. )
MEMORANDUM OPINION
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 5-
6, 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
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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
/s/
RANDOLPH D. MOSS
DATE: March 13, 2023 United States District Judge
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