No. 20-5684

Frank Joseph Schwindler v. Shay Hatcher, Warden

Lower Court: Eleventh Circuit
Docketed: 2020-09-14
Status: Denied
Type: IFP
IFP
Tags: civil-rights due-process exhaustion-of-remedies federal-courts federal-review habeas-corpus jurisdiction standing state-court-procedures state-courts venue
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-11-13
Question Presented (from Petition)

1. Whether or not the August 28, 2019, opinion of the U.S. Court of Appeals for the 11th Circuit, finding that it lacked jurisdiction to review the May 4, 2018, and April 1, 2014, orders of the U.S. District Court for the Southern District of Georgia and indefinitely staying Schwindler's § 2254 case, is contrary to this Court's holding in Moses H. Cone Memorial Hospital Mercy Construction Corp., 460 U.S. 1 (1983)?

2. Whether or not the August 28, 2019, opinion of the U.S. Court of Appeals for the 11th Circuit, finding that the May 4, 2018, and April 1, 2014, orders of the U.S. District Court for the Southern District of Georgia indefinitely staying Schwindler's § 2254 case were not a precedent-setting error of exceptional importance in interpreting the requirements for "excusing a petitioner's failure to exhaust state remedies" where it has been shown that the State of Georgia's procedure for reviewing post-conviction challenges had been inadequate in Schwindler's case, as shown by that challenge having languished with the state courts for over 15 years without resolution?

3. Whether or not the August 28, 2019, opinion of the U.S. Court of Appeals for the 11th Circuit, finding that the May 4, 2018, and April 1, 2014, orders of the U.S. District Court for the Southern District of Georgia indefinitely staying Schwindler's § 2254 case were not subject to review, was a precedent-setting error of exceptional importance in interpreting the requirements for establishing venue in § 2254 cases in light of the conflict between the policy of the United States courts within the State of Georgia to transfer § 2254 actions to the district wherein a conviction occurred, and the clear statement of required venue set by Congress within the statute, as well as considerations of equal protection, due process, and various provisions of law and equity?

Question Presented (AI Summary)

Whether the U.S. Court of Appeals lacked jurisdiction to review the district court's orders staying a habeas corpus petition

Docket Entries

2020-11-16
Petition DENIED.
2020-10-29
DISTRIBUTED for Conference of 11/13/2020.
2020-04-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 14, 2020)
2020-02-04
Application (19A979) to extend the time to file a petition for a writ of certiorari from February 18, 2020 to April 18, 2020, submitted to Justice Thomas.

Attorneys

Frank Joseph Schwindler
Frank J. Schwindler Jr. — Petitioner