No. 18-8588

Francis O. Rossy v. Sgt. Lupkin, et al.

Lower Court: Eleventh Circuit
Docketed: 2019-03-27
Status: Denied
Type: IFP
IFP
Tags: asylum-state civil-procedure civil-rights constitutional-violation due-process extradition extradition-liability habeas-corpus prison-litigation-reform-act procedural-challenge standing
Latest Conference: 2019-05-23
Question Presented (from Petition)

1. WHEN A PETITIONER CHALLENGES HIS EXTRADITION, ARE THE DEFENDANT-RESPONDENTS TOTALLY EXEMPT FROM LIABILITY, ALTHOUGH THEY KNEW OF THE PENDING HABEAS CORPUS CHALLENGE ?

2. IS THE PRISON LITIGATION REFORM ACT APPLICABLE TO A PLAINTIFF WITH SOLELY PROCEDURAL VIOLATIONS; AND NOT CONDITIONS & CONFINEMENT ?

3. IS A HABEAS CORPUS PETITION CHALLENGING THE PLAINTIFF'S EXTRADITION MOOT BECAUSE PLAINTIFF WAS EXTRADITED BEFORE HIS CHANCE TO CHALLENGE HIS EXTRADITION ?

4. HOW CAN PLAINTIFF'S PURELY PROCEDURAL CONSTITUTIONAL VIOLATION BE RECONCILED, WHEN CHALLENGING HIS EXTRADITION IS NO LONGER AVAILABLE DUE TO HIS ILLEGAL REMOVAL FROM THE ASYLUM STATE, WAS THE PURELY PROCEDURAL CONSTITUTIONAL VIOLATION ?

5. PLAINTIFF'S EFFORTS TO OBTAIN A COPY OF THE ASYLUM STATE'S GOVERNOR WARRANT HAVE BEEN FUTILE, BECAUSE THE WARRANT NEVER EXISTED IN THE FIRST PLACE. HOW DOES THIS FACT MEASURE AGAINST DEFENDANTS' CONTENTION OF A CONSTITUTIONALLY LEGAL EXTRADITION ?

Question Presented (AI Summary)

When a petitioner challenges his extradition, are the defendant-responsible-for-the-extradition-totally-exempt-from-liability, although they knew of the pending-habeas-corpus-challenge?

Docket Entries

2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-01-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 26, 2019)

Attorneys

Francis O. Rossy
Francis O. Rossy — Petitioner