United States District Court, N.D. Mississippi, Greenville Division
MEMORANDUM OPINION AND ORDER
M. BROWN UNITED STATES DISTRICT JUDGE.
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.
and Procedural History
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.
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
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. As grounds, Williams stated:
Ground One: I am with the United States …
Ground Two: Bankrupt Act of 1933[.] Title 12 U.S.C. with
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.
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.
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).” Doc. #7 at 7. Williams' response in
opposition was docketed as of April 18, 2016. Doc
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 ...