No. 18-7555

Doiakah Gray v. Stephanie Dorethy, Warden

Lower Court: Seventh Circuit
Docketed: 2019-01-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2244 civil-rights constitutional-interpretation criminal-procedure due-process federal-prisoners habeas-corpus judicial-review legal-precedent state-prisoners statute-of-limitations statutory-construction
Latest Conference: 2019-02-15
Question Presented (from Petition)

1. Are State prisoners governed by Dodd v. United States, 545 U.S.353 (2005) which governs the activation of the limitations period for newly recognized rights by the United State Supreme Court fr fedeal prisones. Or, are state prisoners governed by Tyler v. Cain, 533 u.S. 656(20ol) which starts he lmitations perod for Stae Pne hed S Sup Cou the newly recognized right applies retoactivly)?

2. Is the one-vecs time limitation period activated at the Same fime for state and federal prisoners? Where. federal prisoners have direct access to the federd courtsi while State prisoners must fist exhaust their state remedies fist before they Can access the Couts (No Cirnt. Cout of Appead have Gnswered this Question).

3. IS 28 U.S.(32244 (2)(1)(C) UnConStiuOnally Vaugerinappcable to state prisones who fe successive collateral proceeding that do not toll the time limitatins Peroid underSection 2244 e and 28 us.C 22547

Question Presented (AI Summary)

What is the limitations period for newly recognized rights for state prisoners?

Docket Entries

2019-02-19
Petition DENIED.
2019-01-31
DISTRIBUTED for Conference of 2/15/2019.
2019-01-28
Waiver of right of respondent Stephanie Dorethy, Warden to respond filed.
2018-08-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 25, 2019)

Attorneys

Doiakah Gray
Doiakah Gray — Petitioner
Stephanie Dorethy, Warden
Michael Marc Glick — Respondent