Emem Ufot Udoh v. Becky Dooley, Warden
QUESTION ONE: WHETHER A FEDERAL COURT HAS THE AUTHORITY TO ISSUE AN ORDER FOR IMMEDIATE RELEASE AND/OR STAY OF EXECUTION OF THE REMAINING UNLAWFUL SENTENCE TO A STATE PRISONER (A) DUE TO THE PRESENCE OF COVID-19 PANDEMIC AT STATE PRISONER'S PRISON IN QUESTION (MINNESOTA DEPARTMENT OF CORRECTIONS - RUSH CITY FACILITY); (B) DUE TO THE STATE PRISONER'S LACK OF ACCESS TO THE PRISON LAW LIBRARY RESULTING FROM THE SPREAD OF COVID-19 CORONAVIRUS PANDEMIC IN THE STATE PRISON IN QUESTION (MINNESOTA DEPARTMENT OF CORRECTIONS - RUSH CITY FACILITY; AND (C) WHERE NEWLY DISCOVERED EVIDENCE OF STATE PRISONER'S ACTUAL INNOCENCE IS CLEARLY DEMONSTRATED IN THE FEDERAL COURT'S RECORD IN EXHIBITS 1, 2 AND 3, PURSUANT TO THE AUTHORITY IN 28 U.S.C. §1651(A) AND THE AUTHORITY GIVEN TO FEDERAL JUDGES IN THE CARES ACT SIGNED INTO LAW BY THE PRESIDENT DONALD J. TRUMP ON MARCH 27, 2020?
QUESTION TWO: WHETHER CERTIFICATE OF APPEALABILITY SHOULD ISSUE IN THIS CASE UNDER THE EXTRAORDINARY AND/OR EXCEPTIONAL CIRCUMSTANCES PRESENT IN THIS CASE FOR AN IMMEDIATE RELEASE AND/OR STAY OF EXECUTION OF THE REMAINING UNLAWFUL SENTENCE TO PETITIONER?
whether-federal-court-has-authority-to-order-release-of-state-prisoner