No. 18-7869

Samuel Deorio v. Vic Flournoy, Warden

Lower Court: Eleventh Circuit
Docketed: 2019-02-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2241 28-usc-2255 acca-predicate-offenses constitutional-law court-of-appeals habeas-corpus habeas-corpus-2241-2255 new-rule-of-constitutional-law retroactivity savings-clause second-or-successive-petition sentencing-enhancement successive-petitions unconstitutional-sentence
Key Terms:
ERISA DueProcess HabeasCorpus Securities
Latest Conference: 2019-03-22
Question Presented (from Petition)

Whether 28 U.S.C. §2255(e) may serve as a failsafe mechanism opening the
protal to use 28 U.S.C. §2241, to test the legality of an unconstitutional
sentence where such claim is based on a new rule of constitutional law, made
retroactive to collateral review by the Supreme Court, which was previously
unavailable, and where the court of appeals precluded the petitioner from using
28 U.S.C. §2255(h).

Whether 28 U.S.C. §2255(h) authorizes a curt of appeals to expand its
authority beyond that authorized by the statute and deny an application for
leave to file a second or successive habeas petition applying tools of judicial
convenience where the petitioner has made a substantial showing of the prima
fade required by the statute.

Question Presented (AI Summary)

Whether 28 U.S.C. §2255(e) may serve as a failsafe mechanism

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-02-27
Waiver of right of respondent Flournoy, Warden to respond filed.
2018-09-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2019)

Attorneys

Flournoy, Warden, Vic
Noel J. FranciscoSolicitor General, Respondent
Samuel Deorio
Samuel Deorio — Petitioner