No. 21-6380

Sammy Lee Gibbs v. William Hamilton, Warden

Lower Court: Florida
Docketed: 2021-11-23
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: access-to-courts article-one-section-nine castro-v-united-states civil-procedure constitutional-rights due-process habeas-corpus post-conviction writ-of-court
Latest Conference: 2022-04-22 (distributed 2 times)
Question Presented (from Petition)

QUESTION ONE
Whether Habeas Corpus Court Violated
Gibbs ' right to due process and access
to the court under Castro v United
States 540 U.S 375 by converting Habeas
Corpus into a post conviction pleading to
His detriment.

QUESTION TWO
Whether a Writ of Habeas Corpus can be
re-characterized after it has been served by the
Sheriff without an opportunity to withdraw or
amend the petition.

QUESTION THREE
The gravamen of the issue before the court is
whether the Writ of Habeas Corpus can be
re-characterize to litigants demise for reasons
outside of Article 1 § 9, Cl.2 United States
Constitution.

Question Presented (AI Summary)

Whether Habeas Corpus Court Violated Gibbs' right to due process and access to the court under Castro v United States 540 U.S 375 by converting Habeas Corpus into a post conviction pleading to his detriment

Docket Entries

2022-04-25
Rehearing DENIED.
2022-04-06
DISTRIBUTED for Conference of 4/22/2022.
2022-02-01
Petition for Rehearing filed.
2022-01-10
Petition DENIED.
2021-12-02
DISTRIBUTED for Conference of 1/7/2022.
2021-11-29
Waiver of right of respondent William Hamilton to respond filed.
2021-04-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 23, 2021)

Attorneys

Sammy Lee Gibbs
Sammy L. Gibbs — Petitioner
William Hamilton
Celia A. Terenzio — Respondent