No. 20-6920

Sean Moffitt v. United States

Lower Court: Third Circuit
Docketed: 2021-01-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review civil-procedure constitutional-rights district-court-jurisdiction due-process equal-protection habeas-corpus jurisdiction legal-procedure post-conviction-relief subsequent-petition
Key Terms:
DueProcess FifthAmendment HabeasCorpus
Latest Conference: 2021-02-19
Question Presented (from Petition)

(1) Does the district court have jurisdiction to entertain a lawfully filed, Subsequent Petition, (i.e. motion to amend) during the pendency of appeal from the initial petition ?

(2) Is defendant denied the "one full opportunity" to seek collateral review when Appellate Courts refuses to follow its own procedures, by denying remand ?

(3) is defendants Constitutional Rights violated when being denied the same legal procedures : (i.e. equal protection of the law) as similar situated person(s) ?

Question Presented (AI Summary)

Does the district court have jurisdiction to entertain a lawfully filed, Subsequent Petition

Docket Entries

2021-02-22
Petition DENIED.
2021-02-04
DISTRIBUTED for Conference of 2/19/2021.
2021-01-28
Waiver of right of respondent United States to respond filed.
2020-10-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 25, 2021)

Attorneys

Sean Moffitt
Sean Moffitt — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent