No. 18-9122
Don Nell Hawkins v. Patricia A. Gaughan
Response WaivedIFP
Tags: 28-usc-2244 access-to-courts appellate-review civil-procedure civil-rights denial-of-access due-process federal-jurisdiction habeas-corpus heck-doctrine heck-v-humphrey judicial-procedure section-2255 standing subject-matter-jurisdiction successive-2255-motion
Latest Conference:
2019-10-01
Question Presented (from Petition)
Whether the doctrine of Heck v. Humphrey, 512 U.S. 477, 486-87 (1994) applies to denial of access to court claims?
28 U.S.C. § 2244(b)(3) allocates subject matter jurisdiction to the court of appeal rather than the district court in the first instance over a second or successive § 2255 motion. Does a district court judge act in the "clear absence of all jurisdiction" when she entertains a second or successive § 2255 motion without authorization having been granted by the court of appeals?
Question Presented (AI Summary)
Whether the doctrine of Heck v. Humphrey applies to denial of access to court claims?
Docket Entries
2019-10-07
Petition DENIED.
2019-06-20
DISTRIBUTED for Conference of 10/1/2019.
2019-06-03
Waiver of right of respondent UNITED STATES to respond filed.
2019-04-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 3, 2019)
Attorneys
Don Nell Hawkins
Don Nell Hawkins — Petitioner
UNITED STATES
Noel J. Francisco — Solicitor General, Respondent