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Demos v. United States

United States District Court, D. Hawaii

November 24, 2014

JOHN ROBERT DEMOS JR., Petitioner,
v.
THE UNITED STATES OF AMERICA, et al., Respondents

John Robert Demos, Jr., Plaintiff, Pro se, Wallawalla, WA.

DISMISSAL ORDER

Leslie E. Kobayashi, United States District Judge.

Petitioner is a Washington state prisoner challenging his 1978 conviction for first degree burglary. The court construes the petition as brought pursuant to 28 U.S.C. § 2254. Petitioner did not file an in forma pauperis application or pay the filing fee.

Petitioner asserts his burglary conviction is unconstitutional because he is a Knight of Malta, Knight Templar, and member of Opus Dei. Petitioner states that Pope Innocent II granted the Knights Templar sovereignty in 1139, another unnamed Pope granted sovereignty to the Knights of Malta in 1879, and Pope John Paul II made Opus Dei a personal prelate whose members answer only to the Pope.

Petitioner does not explain how his conviction or sentence are in violation of the laws of the United States, or why he filed this action in Hawaii, where he was neither convicted nor is incarcerated.[1] Even if this petition challenging a 1978 Washington state conviction was timely and brought in the proper forum against proper respondents, Petitioner's fanciful tale of Papal bulls and his membership in religious orders as a basis for overturning his conviction or sentence is frivolous on its face.

This action is DENIED as frivolous pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Court. It is also DISMISSED for lack of jurisdiction for failure to name a proper respondent or bring the petition in the district of conviction. See 28 U.S.C. § 2254; Rumsfeld v. Padilla, 542 U.S. 426, 433, 124 S.Ct. 2711, 159 L.Ed.2d 513 (2004); Rule 2(a), 28 U.S.C. foll. § 2254; Stanley v. California, 21 F.3d 359, 360 (9th Cir. 1994). The Clerk is DIRECTED to enter judgment and close this case.

IT IS SO ORDERED.


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