No. 18-9035

In Re Clifford E. Avery

Lower Court: N/A
Docketed: 2019-04-30
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: administrative-law civil-procedure-rules due-process equal-protection jurisdiction standing statutory-interpretation administrative-law civil-procedure civil-rights due-process federal-jurisdiction standing
Latest Conference: 2019-10-01 (distributed 2 times)
Question Presented (from Petition)

(1). Where Petitioner can unequivocally show from the record evidence of his case that he is, as a matter of law and fact, actually and factually innocent of the crime of conviction for which he is incarcerated for by the State of New Hampshire. Does the willful failure of the State of New Hampshire to provide him any remedy for such an occurrence violate the United States Constitution?

(2) Where Petitioner can unequivocally show from the record evidence of his case that he is, as a matter of law and fact, actually and factually innocent of the crime of conviction for which he is incarcerated for by the State of New Hampshire. Does the United States Constitution provide him a remedy for such an occurrence?

(3) Does the incarceration of Petitioner, who is, as a matter of law and fact actually and factually innocent of the crime of conviction and who has been willfully deprived of any remedy for such an occurrence by the State of New Hampshire violate the United States Constitution?

(4) Where Petitioner was convicted for a particular crime under a repealed law with no saving provision permitting such prosecution for such particular crime:
Did the trial court have jurisdiction to try the Petititoner for the particular offense?
If the trial court had no jurisdiction to try Petitioner, is the judgment of conviction and sentence imposed void for want of jurisdiction?
If the judgment of conviction is void, are all subsequent state and federal court decisions and/or opinions given in cases where Petitioner sought corrective judicial process for, such a conviction, null and void ab initlo?
If Petitioner's judgment of conviction and sentence imposed are void, what corrective judicial process is due him from the New Hampshire Supreme Court?

(5) Under the Constitution of the United States does Petitioner have a right to a remedy for the purpose of establishing before the court his complete innocence of the crime for which he has been convicted and sentenced for?

Question Presented (AI Summary)

Whether the lower court erred in dismissing petitioner's claims for lack of standing and failure to state a claim upon which relief can be granted

Docket Entries

2019-10-07
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
2019-06-26
Motion DISTRIBUTED for Conference of 10/1/2019.
2019-06-13
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2019-05-20
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of habeas corpus is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam).
2019-05-01
DISTRIBUTED for Conference of 5/16/2019.
2019-04-02
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Clifford E. Avery
Clifford Avery — Petitioner