United States District Court, N.D. Ohio, Eastern Division
MEMORANDUM OF OPINION AND ORDER [RESOLVING ECF NO.
Y. Pearson, United States District Judge.
case has been transferred from the United States District
Court for the Southern District of Ohio. See Order (ECF No.
2). Pro se Petitioner Phillip Douglas Jacobs a/k/a Bismillah
filed this “Complaint for Declaratory Judgment Order
and Petition for Writ of Prohibition” (ECF No. 1-1)
under 28 U.S.C. §§ 2201 and 1651. Petitioner is an
inmate at the Marion Correctional Institution where he is
serving a life sentence for 1) convictions for felonious
assault and aggravated robbery in the Common Pleas Court of
Mahoning County and 2) a murder conviction in the Common
Pleas Court of Preble County. See Jacobs v. Bunting,
No. 3:15CV1126, 2015 WL 7251675, at *1 (N.D. Ohio Oct. 27,
2015) (Carr, J.).
Complaint/Petition (ECF No. 1-1), Petitioner
contends he completed his sentence but remains incarcerated
due to Ohio House Bill 365. He offers no explanation for how
he has determined he completed his sentences, nor how his
sentences were impacted by House Bill 365. He states that his
Mahoning County judgment entry of May 24, 1985 did not
mention any other sentences he was required to serve from
other convictions and therefore his other sentences (in this
case his life sentence for murder) are not in compliance with
Ohio R. Crim. P. 32(c).
courts are always “under an independent obligation to
examine their own jurisdiction, ” FW/PBS, Inc. v.
City of Dallas, 493 U.S. 215, 231 (1990), and may not
entertain an action over which jurisdiction is lacking,
see Insurance Corp. of Ireland, Ltd. v. Compagnie des
Bauxites de Guinee, 456 U.S. 694, 701 (1982). Petitioner
indicates he is filing this action seeking a Declaratory
Judgment under 28 U.S.C. § 2201, and a Writ of
Prohibition under the All Writs Act, 28 U.S.C. § 1651.
These statutes, however, do not create an independent basis
for federal subject matter jurisdiction. Heydon v.
MediaOne of Southeast Michigan, Inc., 327 F.3d 466, 470
(6th Cir. 2003) (citing Skelly Oil Co. v. Phillips
Petroleum, 339 U.S. 667, 671-72 (1950)); Michigan v.
City of Allen Park, 954 F.2d 1201, 1216 (6th Cir. 1992).
Declaratory Judgment Act merely provides the Court with
discretion to grant a certain type of relief if the
plaintiff/petitioner is entitled to judgment under some other
federal statute. Heydon, 327 F.3d at 470. Similarly,
the All Writs Act only authorizes the issuance of writs
“in aid of . . . jurisdiction[ ].” 28 U.S.C.
§ 1651(a). The Court must have an independent basis for
subject matter jurisdiction in order to issue a writ in aid
of such jurisdiction. City of Allen Park, 954 F.2d
at 1216; Tropf v. Fidelity Nat. Title Ins. Co., 289
F.3d 929, 943 (6th Cir. 2002); see also Yisra'EL v.
U.S. Dep't of Justice, No. 5:11-00289-KSF, 2011 WL
4458772, at *3 (E.D. Ky. Sept. 23, 2011) (“[T]he All
Writs Act is not an independent grant of jurisdiction to a
court, but permits the issuance of writs in aid of the
jurisdiction which a court independently possesses.”).
Therefore, prior to requesting either declaratory judgment or
a writ of prohibition, Petitioner must supply a well-pleaded
Complaint or Petition which otherwise states a federal
question. He has not done so. Therefore, the Court lacks
subject matter jurisdiction to proceed with this action.
Petitioner is no stranger to this federal court. He has filed
nine habeas petitions under 28 U.S.C. §§ 2254 and
2241 seeking relief from his current convictions and
sentences. He has also filed at least eight civil
rights cases, while incarcerated, to earn him the designation
of a restricted filer under the three strikes provision of 28
U.S.C. § 1915(g). If the Court were to construe this action
as an attempt to file a Petition for a Writ of Habeas Corpus,
it would be successive and would have to be transferred to
the Sixth Circuit for permission to proceed with a successive
Petition pursuant to In re Sims, 111 F.3d 45 (6th
Cir. 1997). If the Court were to construe this action as one
filed under 42 U.S.C. § 1983, Petitioner would have to
pay the full filing fee of $400 in order to proceed with this
Petitioner's Application to Proceed In Forma
Pauperis (ECF No. 1) is granted and this action is
dismissed for lack of subject matter jurisdiction. The Court
certifies pursuant to 28 U.S.C. § 1915(a)(3) that an
appeal from this decision could not be taken in good faith.
 See Jacobs v. Dallman, No.
4:92CV1104 (N.D. Ohio July 14, 1992) (White, J.) (denied on
the merits); Jacobs v. Russell, No. 4:94CV1910 (N.D.
Ohio May 20, 1997) (Wells, J.) (dismissed without prejudice
for failure to exhaust, and eventually transferred to the
Circuit as a successive petition); Jacobs v. Morgan,
No. 1:01CV2224 (N.D. Ohio Aug. 8, 2003) (Gaughan, J.) (denied
on the merits); Jacobs v. Morgan, No. 1:04CV2488
(N.D. Ohio Jan. 31, 2005) (O'Malley, J.) (transferred to
the Circuit as successive); Jacobs v. Hudson, No.
1:06CV0595 (N.D. Ohio May 3, 2006) (O'Malley, J.)
(transferred to the Circuit as successive); Jacobs v.
Hudson, No. 4:06CV2852 (N.D. Ohio Jan. 25, 2007)
(O'Malley, J.) (transferred to the Circuit as
successive); Jacobs v. Warden Marion Corr. Inst.,
No. 4:13CV1306 (N.D. Ohio Dec. 10, 2013) (Oliver, C.J.)
(transferred to the Circuit as successive); Jacobs v.
Bunting, No. 4:16CV2223 (N.D. Ohio Oct. 6, 2016) (Carr,
J.) (transferred to the Circuit as successive); Jacobs v.
Wainwright, No. 4:18CV0280 (N.D. Ohio Feb. 26, 2018)
(Oliver, J.) (transferred to the Circuit as
See Jacobs v. Youngstown, No.
4:90CV0082 (N.D. Ohio March 30, 1990) (Bell, J.); Jacobs
v. Lane, No. 3:02CV7512 (N.D. Ohio Dec. 15, 2003) (Katz,
J.) (dismissed under 28 U.S.C. § 1915(e)); Jacobs v.
Wilkinson, No. 3:03CV7028 (N.D. Ohio April 21, 2003)
(Carr, J.) (dismissed under 28 U.S.C. § 1915(e));
Jacobs v. Hall, No. 3:08CV1262 (N.D. Ohio Oct. 3,
2008) (Katz, J.); Jacobs v. Mohr, No. 3:11CV2294
(N.D. Ohio Jan. 5, 2012) (Carr, J.) (3 strikes under §
1915(g)); Bismillah v. Mohr, No. 3:16CV1374 (N.D.
Ohio Sept. 24, 2018) (Helmick, J.) (3 strikes under §
1915(g)); Jacobs v. Mohr, No. 3:16CV1908 (N.D. Ohio
June 28, 2018) (Helmick, J.) (3 ...