No. 19-8716

Eric Martin Pepke v. United States

Lower Court: Fourth Circuit
Docketed: 2020-06-16
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appellate-jurisdiction civil-procedure civil-rights criminal-procedure district-court due-process fourth-circuit habeas-corpus judicial-review standing
Latest Conference: 2021-01-08 (distributed 2 times)
Question Presented (from Petition)

Did the Eastern District of North Carolina err in summarily dismissing Pepke's motion under Rule 12(b)(6) to challenge the constitutionality of 18 U.S.C. § 2252?

Did the Fourth Circuit appellate court err in claiming jurisdiction over the appeal of a district court's dismissal?

Did the Fourth Circuit appellate court err in its determination of Appealability?

Would Pepke's motion under § 2255, rather than or in addition to certiorari, more justly be served with a petition for habeas corpus with original transfer jurisdiction to the Eastern District of Virginia under 28 U.S.C. § 2241?

Question Presented (AI Summary)

Whether the Fourth Circuit appellate court erred in dismissing Pepke's motion under 28 U.S.C. § 2255 which included an unconstitutionality challenge that the court never addressed

Docket Entries

2021-01-11
Rehearing DENIED.
2020-12-02
DISTRIBUTED for Conference of 1/8/2021.
2020-10-26
Petition for Rehearing filed.
2020-10-05
Petition DENIED.
2020-06-25
DISTRIBUTED for Conference of 9/29/2020.
2020-06-19
Waiver of right of respondent United States to respond filed.
2020-04-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 16, 2020)

Attorneys

Eric Martin Pepke
Eric Pepke — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent