No. 18-9178

Matthew Oliver Alford v. Erik A. Hooks, Secretary, North Carolina Department of Safety, et al.

Lower Court: Fourth Circuit
Docketed: 2019-05-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure civil-rights constitutional-review due-process equal-protection federal-jurisdiction grand-jury habeas-corpus indictment jurisdictional-constraints procedural-limitations standing state-court-conviction
Latest Conference: 2019-10-01
Question Presented (from Petition)

1) Did the DistRict CouRt (W.D.N.C.A.D. and the 4 CiR. L.D.A.s Violate PetitiOnERS
Right to aces feal Coun&Rght to oces yapplg the o Ro
ceduRal Rules/laws to saidcase, by failing to take Notice, as Requested oftheunique
and specific circumstances, as to whyhe filed a 28 usc. $ 2241 Petition for
a wRit of habeas Corpus and Not a § 2254 petition?
28 U1S.C. 5 2254 (6) (1)(A) & (d) (1) & (2)?
3) Did the state of North Carolina,when it failed to allege the material aveRment Matthew Oliver Alford (Petitioner's Name) in the body of the indictment
Violate PetitioveR's Right to indictment bya grand jury, Right to dueprocess, & Right to be informed of the Nature and cause of the accusation
against him?
4DS this CouRts holding iN AIMeNdAREZ-TORRES V. U.S, 523 U.S. 224 1998
vilate () Petitioner's Right to due pRocess, Right to be informed, Right to
tl yy Rgo eq C

Question Presented (AI Summary)

Did the district Court (WDNC) and the 4th Cir. Court violate petitioner's right to access a federal court & right to due process by applying the wrong procedural rules/laws to said case, by failing to take notice, as requested, of the unique and specific circumstances, as to why he filed a 28 U.S.C. § 2241 petition for a writ of habeas corpus and not a § 2255 petition?

Docket Entries

2019-10-07
Petition DENIED.
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2019-06-03
Waiver of right of respondent Hooks, Sec., NC DPS to respond filed.
2019-05-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 7, 2019)

Attorneys

Hooks, Sec., NC DPS
Clarence Joe DelForge III — Respondent
Matthew Alford
Matthew Oliver Alford — Petitioner