No. 21-7708

Amit Patel v. Mark Rockwood

Lower Court: Second Circuit
Docketed: 2022-04-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability civil-rights constitutional-rights due-process equal-protection free-speech habeas-corpus in-custody
Key Terms:
DueProcess FourthAmendment HabeasCorpus CriminalProcedure
Latest Conference: 2022-06-09
Question Presented (from Petition)

When the District Court sua sponte "closed the Courthouse doors" upon "Garden-Variety" reasons, dismissing writ of Habeas corpus for 1) statute of limitations, 2) as procedurally time-barred, 3) lacking jurisdiction, 4) not "in-custody". 5) because the petition makes no substantial showing of a denial of a Constitutional Right, and 6) regardless of whether the challenged conviction enhanced a subsequent sentence, but in light of petitioner's pro se status, the court grants petitioner 30 days' leave to file a 'Declaration' alleging facts showing that the Court has jurisdiction (when the court already recognized/acknowledged: petitioner alleges that there is "newly discovered'evidence," and refers to a) other habeas corpus actions he has brought in this court that were dismissed •without prejudice...) and that the petition is timely to consider, a Certificate of Appealability will not issue. . .

Was petitioner's freedom of speech abridged, and to petition the government for a redress of grievances prohibiting the free exercise thereof, as well as Due Process and Equal Protection of the laws violated, 1st, 5th, and 14th Amendments of the U.S. Constitution?

When the habeas corpus plays a vital role in protecting Constitutional Rights, how can the lower courts ignore a "substantial showing" in "Any attached exhibits..." as per Rule 4 governing § 2254 of habeas corpus cases?

Is the petitioner "in-custody" pursuant to the statutory phrase "in-custody" in 28 U.S.C. § 2241?

Whether there was jurisdiction to issue a Certificate of Appealability under 28 U.S.C. § 2253(c) and to adjudicate petitioner's appeal?

Whether "extraordinary/exceptional circumstances" existed where resort to State Court remedies has failed to afford a full and fair adjudication of the Federal contentions raised, either because the State affords no remedy, or because in the particular unavailable or seriously inadequate case the remedy afforded by State law proves in practice unavailable or seriously inadequate, should the Federal Court's have entertained petition for habeas corpus without leaving petitioner remediless?

Question Presented (AI Summary)

When the District Court sua sponte dismissed a habeas corpus petition, was the petitioner's freedom of speech, right to petition the government, due process, and equal protection violated?

Docket Entries

2022-06-13
Petition DENIED.
2022-05-25
DISTRIBUTED for Conference of 6/9/2022.
2022-05-11
Waiver of right of respondent Mark Rockwood to respond filed.
2022-04-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 26, 2022)

Attorneys

Amit Patel
Amit Patel — Petitioner
Mark Rockwood
Michelle MaerovOffice of the Attorney General, Respondent