No. 21-6790

Timothy Ryan v. United States

Lower Court: Seventh Circuit
Docketed: 2022-01-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-jurisdiction child-pornography civil-rights constitutional-violations discretionary-review due-process federal-procedure habeas-corpus ineffective-assistance-of-counsel sentencing
Latest Conference: 2022-02-18
Question Presented (from Petition)

1. DID THE SEVENTH CIRCUIT AND/OR DISTRICT OF INDIANA—SOUTH BEND DIVISION OF THE DISTRICT COURT ERR IN DENYING RYAN'S § 2255 HABEAS CORPUS PETITION WITHOUT HOLDING AN EVIDENTIARY HEARING?

II. DID THE DISTRICT COURT ERR AND/OR ABUSE ITS DISCRETION IN APPLYING A LOCAL RULE "TO PURPOSEFULLY NOT REVIEW OR CONSIDER RYAN'S MEMORANDUM IN SUPPORT OF § 2255 HABEAS CORPUS PETITION, AFFIDAVIT, AND NEW EVIDENCE SUBMITTED TO EXPAND THE RECORD?

III. DID THE DISTRICT COURT ERR AND/OR ABUSE ITS DISCRETION IN MISAPPLYING THE RULES FOR ANALYSIS DICTATED BY FEDERAL LAW, 28 U.S.C. § 2255, 104 S. CT. 2052, 89 L.ED. 2D 47 (1984) AND NOT CONSIDERING THE OVER FORTY EXAMPLES?

IV. DID THE DISTRICT COURT ERR AND/OR ABUSE ITS DISCRETION IN STATING THAT EVIDENCE "THAT WAS NOT PRESENTED TO A JURY WAS NOT EVIDENCE"?

V. DID THE SEVENTH CIRCUIT COURT OF APPEALS (APPELLATE COURT) ERR AND/OR ABUSE ITS DISCRETION IN STATING THAT IT "DID NOT SEE" THE RELEVANT CONSTITUTIONAL VIOLATIONS OF THE FIFTH AND FOURTEENTH AMENDMENTS BY THE DISTRICT COURT AND DENIED A CERTIFICATE OF APPEALABILITY?

VI. SHOULD THE JUDICIARY BE ALLOWED TO CONTINUE TO DISREGARD AND DECLINE CONTRARY TO BINDING COURTS' DISREGARD NEW EVIDENCE AND SUBSTANTIAL LEGAL CLAIMS, MISREPRESENTED FACTS IN LEGAL DOCUMENTS HARBORING A FALSE NARRATIVE, AND FURTHER ENFORCE A MISCARRIAGE OF JUSTICE?

VII. SHOULD ACTUAL INNOCENCE CLAIM AFFECT COURT REVIEW?

Question Presented (AI Summary)

Whether the district court erred in denying Ryan's § 2255 habeas corpus petition without holding an evidentiary hearing

Docket Entries

2022-02-22
Petition DENIED.
2022-01-20
DISTRIBUTED for Conference of 2/18/2022.
2022-01-12
Waiver of right of respondent United States to respond filed.
2021-11-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 9, 2022)

Attorneys

Timothy Ryan
Tomthy Ryan — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent