(PS) McCullough v. Levi

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PERRY ADRON MCCULLOUGH, Case No. 2:21-cv-00127-TLN-JDP (PS) Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT DEFENDANTS’ MOTION TO

v. DISMISS BE GRANTED DAVID F. LEVI, et al., ECF No. 6 Defendants. OBJECTIONS DUE WITHIN 14 DAYS 16 Plaintiff, Perry Adron McCullough, proceeding without counsel, seeks to challenge his criminal conviction under the theory that the law does not apply to him. ECF No. 1. Defendants move to dismiss, ECF No. 6, and plaintiff opposes that motion, ECF No. 8. I recommend that defendants’ motion to dismiss, ECF No. 6, be granted because plaintiff’s complaint is frivolous. Plaintiff claims to be a sovereign non-citizen. ECF No. 1 at 7. He challenges his criminal conviction in United States v. McCullough, Case No. 2:89-cr-00251-WBS-1, under the theory that the court lacked jurisdiction over him. Id. at 8. He argues that he was not charged with a crime; instead, the government…