No. 20-7366

In Re John Peyton Alexander

Lower Court: N/A
Docketed: 2021-03-08
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: civil-rights constitutional-challenge due-process earned-time-credits ex-post-facto ex-post-facto-clause habeas-corpus prisoner-rights standing successive-petition
Latest Conference: 2021-05-27 (distributed 2 times)
Question Presented (from Petition)

1. Due to the fact that the AEDPA excludes an entire category of prisoners in custody and now seek to file successive habeas corpus within 1-year-from-ct-sentencer claims, does 28 U.S.C. § 2244 violate Article I, clause 2 [The Suspension Clause]?

2. What is the Amendment XIV Due process answer to the questions of a prisoner who, after being granted a legally valid "good-time" personal "computation" and reduction of 60 days by the Governor from his original life-sentence, then formally requests "written notice" of reduction of his commuted sentence produced upon [#2 Sentence]?

3. Does the current application by the Mississippi Corrections Commission of section [Miss. Code Ann. § 47S-129 (Part 1992)] of the Earned-time-allowance statute which bars good-conduct audits to pirele with 1-B-sewbores ap became effective after petitioner's conviction, violate Article I s/o clause 1 [The Ex Facto Clause]?

4. Under the earned-time-allowance law [Miss. Code Ann. 349-5139 (Supp. 1995)] which was in effect at the time of petitioner's conviction, has John fey Ton Alexander, Jr. not already earned enough good-conduct credits to obtain his total release from the custody of the MDOC Commissioned?

Question Presented (AI Summary)

Whether the AEDPA excludes an entire category of prisoners from seeking successive habeas corpus writs to raise due process claims

Docket Entries

2021-06-01
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
2021-05-11
Motion DISTRIBUTED for Conference of 5/27/2021.
2021-04-15
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2021-03-29
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of habeas corpus is dismissed. See Rule 39.8.
2021-03-11
DISTRIBUTED for Conference of 3/26/2021.
2021-01-22

Attorneys

In Re John Peyton Alexander
John Peyton Alexander II — Petitioner