No. 21-6538
Tags: 28-usc-2244 28-usc-2255 collateral-review constitutional-law federal-prisoners gatekeeping gatekeeping-requirements habeas-corpus merits prima-facie prima-facie-showing
Latest Conference:
2022-01-14
Question Presented (from Petition)
To satisfy the gatekeeping requirements of 28 U.S.C. §§ 2244(b)(3)(C) and 2255(h)(2), must federal prisoners make a prima facie showing that their 28 U.S.C. § 2255 motion contains a new rule of law specified in § 2255(h)(2), or must they also make a prima facie showing that their § 2255 motion will succeed on the merits?
Question Presented (AI Summary)
To satisfy the gatekeeping requirements of 28 U.S.C. §§ 2244(b)(3)(C) and 2255(h)(2), must federal prisoners make a prima facie showing that their 28 U.S.C. § 2255 motion contains a new rule of law specified in § 2255(h)(2), or must they also make a prima facie showing that their § 2255 motion will succeed on the merits?
Docket Entries
2022-01-18
Petition DENIED.
2021-12-30
DISTRIBUTED for Conference of 1/14/2022.
2021-11-29
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.
Attorneys
Kenny Blanc
Andrew Lee Adler — Federal Public Defender's Office, Petitioner