No. 21-8244

In Re Dominic M. Franza

Lower Court: N/A
Docketed: 2022-06-29
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment 28-usc-2241 28-usc-2254 constitutional-rights due-process habeas-corpus liberty-interest statutory-relief unconstitutional-imprisonment
Latest Conference: 2022-09-28
Question Presented (from Petition)

WHEN A PETITIONER'S IMPRISONMENT AS CONCEDED IS UNCONSTITUTIONAL
WHEN A PETITIONER IS BEING HELD AND PUNISHED WITHOUT DUE PROCESS
OF LAW INFRINGING ON LIBERTY INTEREST IN DIRECT VIOLATION OF THE
14TH AMENDMENT TO THE U.S. CONSTITUTION IS HABEAS CORPUS RELIEF
WARRANTED UNDER 28 U.S.C. § 2241(a)(c) (3) WHEN 28 U.S.C. § 2254
RELIEF IS EXHAUSTED AND NO OTHER RELIEF BEING AVAILABLE.

HAS PETITIONER PRESENTED EXCEPTIONAL CIRCUMSTANCES WARRANTING
THE GRANT OF HABEAS CORPUS RELIEF.

EVEN IF THERE WERE OTHER FORMS AND COURTS IN ORDER TO SEEK
RELIEF SHOULD PETITIONER HAVE TO UTILIZE SUCH WHEN SUCH ATTEMPTS
WOULD BE FUTILE IN LIGHT OF THE N.Y. STATE COURT RULINGS THEREBY
PROLONGING PETITIONER'S UNCONSTITUTIONAL IMPRISONMENT WHICH CAN
BE IMMEDIATELY REMEDIED BY THIS COURT.

Question Presented (AI Summary)

When a petitioner's imprisonment is unconstitutional

Docket Entries

2022-10-03
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of habeas corpus is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam).
2022-06-30
DISTRIBUTED for Conference of 9/28/2022.
2022-06-22
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.
Proof of ServiceMotion for Leave to Proceed in Forma PauperisPetition

Attorneys

In Re Dominic M. Franza
Dominic M. Franza — Petitioner