Samuel Deorio v. Vic Flournoy, Warden
ERISA DueProcess HabeasCorpus Securities
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.
Whether 28 U.S.C. §2255(e) may serve as a failsafe mechanism