No. 18-6201

Nicholas DeAngelis v. Bruce Plumley, Warden

Lower Court: Fifth Circuit
Docketed: 2018-10-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2244 28-usc-2255 actual-innocence cruel-and-unusual-punishment due-process eighth-amendment equal-protection federal-habeas federal-prisoners habeas-corpus procedural-bar procedural-bars time-limits
Key Terms:
DueProcess HabeasCorpus Punishment
Latest Conference: 2018-11-02
Question Presented (from Petition)

The criteria in 28 U.S.C.S. §2244(d)(1) is identical to 28 U.S.C.S. §2255(f). The former per this courts holding in MóQuiggin v. Perkins, 569 U.S. 383, 133 S.Ct. 1924; 185 L.Ed.2d 1019 (2013), gives State Prisoners Federal Habeas relief under "actual innocence" by providing a gateway to overcome pracedual bar(s) or expirations limits. Is it a denial of due process for Federal Prisoners not to be afforded the same gateway for "actual innocence'.' under §2255(f) to overcome the same procedual bar(s) and expiration limits for Federal habeas relief?

Does a Circuit Court of Appeals inflict cruel and unusual punishment in violation of the Eighth Amendment by denying a 28 U.S.C.S. §2241 Appeal of "actual innocence" based upon nonexistent offenses due to a SCOTUS decision that was retroactive to appellee which made his 240 month sentence illegal?

Question Presented (AI Summary)

whether-federal-prisoners-have-the-same-gateway-for-actual-innocence-as-state-prisoners

Docket Entries

2018-11-05
Petition DENIED.
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-11
Waiver of right of respondent Bruce Plumley, Warden to respond filed.
2018-05-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 2, 2018)

Attorneys

Bruce Plumley, Warden
Noel J. FranciscoSolicitor General, Respondent
Nicholas DeAngelis
Nicholas DeAngelis — Petitioner