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Williams v. Mississippi Department of Corrections

United States District Court, N.D. Mississippi, Greenville Division

May 12, 2017

KRISHUN MONTE WILLIAMS PETITIONER
v.
MISSISSIPPI DEPARTMENT OF CORRECTIONS, RESPONDENTS

          MEMORANDUM OPINION AND ORDER

          DEBRA M. BROWN UNITED STATES DISTRICT JUDGE.

         Before the Court is Respondents' “Motion to Alter or Amend” under Rule 59(e) of the Federal Rules of Civil Procedure regarding the Court November 18, 2016, final judgment. Doc. #19.

         I

         Background and Procedural History

         Krishun Monte Williams is currently in the custody of the Mississippi Department of Corrections at the Central Mississippi Correctional Facility in Rankin County, Mississippi. Williams was convicted of conspiracy, armed robbery, and capital murder in the Circuit Court of Grenada County, Mississippi. Doc. #7 at Ex. 1. On August 20, 1999, she was sentenced to serve consecutive terms of five years (for conspiracy), life (for armed robbery), and life without parole (for capital murder). Id. at 4.

         Williams, through counsel, appealed her conviction to the Mississippi Supreme Court, which affirmed her conviction on September 20, 2001. Williams v. State, 794 So.2d 1019 (Miss. 2001). Williams did not seek certiorari to the United States Supreme Court.

         On October 15, 2015, Williams filed a petition for writ of habeas corpus. Doc. #1. In her petition, Williams challenged her detention pursuant to her 1999 Grenada County convictions. Id. at 2.[1] As grounds, Williams stated:

Ground One: I am with the United States …
Ground Two: Bankrupt Act of 1933[.] Title 12 U.S.C. with emphasis …
Ground Three: Utilize my exemption under Title 12 with emphasis[.] I am with the United States ….
Ground Four: Utilizes my exemption under Title 12 with emphasis and I am with the United States. See Amnesty Oath ….

Id. at 6, 8-9, 11. Williams attached several documents to her petition, including one purporting to be an “AFFIDAVIT OF FACT” stating that she is “with the United States will be attending court in special appearance and will be acting in Propria Persona who will come in peace a non-belligerent, combative sentient Godly being, ” and an “AMNESTY OATH.” Id. at 17, 18.

         On February 18, 2016, United States Magistrate Judge Jane M. Virden ordered service of Williams' petition on Respondents. Doc. #5. Also in her order, Judge Virden ordered Respondents to “file [their] answer to this action, [and, ] along with [their] answer, full and complete transcripts of all proceedings in the state courts of Mississippi arising from the charge of aggravated assault, murder, and two counts of armed robbery against the petitioner” no later than May 2, 2016.” Id. The same day, Respondents acknowledged service of both Williams' petition and Judge Virden's order. Doc. #6.

         On April 7, 2016, Respondents moved to dismiss Williams' petition “with prejudice for failure to state a claim or, in the alternative, as untimely pursuant to 28 U.S.C. § 2244(d).”[2] Doc. #7 at 7. Williams' response in opposition was docketed as of April 18, 2016. Doc #8.[3] In her response, Williams filed eight rambling, unintelligible, and incoherent papers, totaling dozens of pages. In one of her filings, Williams appears to suggest that in 1998, “Prosecutor and the Judge Send [sic] to these children; ‘SEND A MESSAGE.'” Doc. #14. Overall, however, Williams appears to claim that, until she took an “amnesty oath” on June 10, 2015, she was a mentally incompetent infant and that since her oath, the infant has died ...


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