John Robert Demos, Jr v. State of Washington, and the United States of America

094162np-pdfCourt of Appeals for the Third Circuit17 feb 2010

Testo completo

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CLD-093 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 09-4162
___________
JOHN ROBERT DEMOS, JR., Appellant
v.
STATE OF WASHINGTON, AND
THE UNITED STATES OF AMERICA
____________________________________
On Appeal from the District Court
for the District of the Virgin Islands
(D.C. Civ. No. 09-cv-00058)
District Judge: Honorable Raymond L. Finch
____________________________________
Submitted for Possible Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P.
10.6 and Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B)
January 14, 2010
Before: BARRY, FISHER and ROTH, Circuit Judges
(Opinion filed: February 17, 2010)
_________
OPINION
_________
PER CURIAM.
On August 27, 2009, John R. Demos, Jr., an inmate in Washington State, filed in
the District Court for the District of the Virgin Islands a pleading in which he requested,

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To the extent that Demos sought some form of habeas relief, and to the extent1
that a certificate of appealability (“COA”) is necessary for this appeal, a COA is denied.
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among other things, a declaratory ruling that he is being held in violation of Article
36(b)(1) of the Vienna Convention on Consular Relations. According to Demos, his
incarceration violates the Vienna Convention because he owes allegiance to “foreign
power[s]” – i.e., “the Vatican, and the Rothschild family of France.” Compl. at 2. The
District Court dismissed the matter for lack of jurisdiction. Demos appeals.
We have appellate jurisdiction under 28 U.S.C. § 1291. We will summarily affirm
the District Court’s judgment because the appeal presents “no substantial question.” 3d
Cir. IOP Ch. 10.6. Demos made no showing at all to establish that a Virgin Islands
District Court has jurisdiction over his purported request for declaratory relief.1

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