No. 20-5315

Robert Lee Stabnow v. Jodi Harpstead, Commissioner, Minnesota Department of Human Services

Lower Court: Eighth Circuit
Docketed: 2020-08-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights due-process equal-protection jurisdiction pleadings standing
Latest Conference: 2020-09-29
Question Presented (from Petition)

Did Mr. Stabnow fail to exhaust his state court remedies where no remedies exist?

Did Mr. Stabnow fail to exhaust his state court remedies where no remedies exist?

Is Mr. Stabnow entitled to habeas relief as he has been under continued punishment for a two year prison sentence since 2007 that has been fully served because the MSOP is a prison and not a mental health institution?

Did the District Court err in not reviewing Mr. Stabnow's evidence that the MSOP is in fact a Minnesota prison that operates under color of civil commitment?

Did the District Court err by not following the precedent outlined in the Eighth Circuit Court or the Supreme Court of the United States surrounding habeas corpus review?

Is the State of Minnesota allowed to change legislation when someone gets out of MSOP to counter well established case law?

Should this Court hear the appeal and grant a Certificate of Appealability and Certiorari?

Question Presented (AI Summary)

Whether the lower court erred in dismissing petitioner's claims

Docket Entries

2020-10-05
Petition DENIED.
2020-09-10
DISTRIBUTED for Conference of 9/29/2020.
2020-08-25
Waiver of right of respondent Jodi Harpstead, Commissioner, Minnesota Department of Human Services, et al. to respond filed.
2020-04-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 10, 2020)

Attorneys

Jodi Harpstead, Commissioner, Minnesota Department of Human Services, et al.
Leonard J. SchweichOffice of the Minnesota Attorney General, Respondent
Robert Lee Stabnow
Robert Lee Stabnow — Petitioner