No. 22-5166

In Re DeVinche Javon AlBritton

Lower Court: N/A
Docketed: 2022-07-22
Status: Denied
Type: IFP
IFP
Tags: appeals constitutional-law due-process federal-appeals federal-courts habeas-corpus judicial-review mandamus procedural-standard standing
Key Terms:
HabeasCorpus
Latest Conference: 2022-09-28
Question Presented (from Petition)

(1) Should the United States Court of Appeals for the Fourth Circuit evaluating a 28 U.S.C. § 2244 Motion for authorization to file a Second or Successive Application under § 2254 be required to articulate the Court's grounds for its decision to either grant or deny authorization based on the law and facts of the case and documentary evidence, subject thereto under the criteria of § 2244?

(2) Does the Congressional enactment of 28 U.S.C. § 2244(b)(3)(E) prohibiting an appeal, rehearing, or certiorari review of the denial of a Motion for authorization under § 2244 by a United States Court of Appeals in the event of a Second or Successive Application under § 2254 violate the First and Fourteenth Amendments of the United States Constitution?

Question Presented (AI Summary)

Should the United States Court of Appeals for the Fourth Circuit be required to articulate the court's grounds for granting or denying authorization to file a second or successive application under § 2244(b)

Docket Entries

2022-10-03
Petition DENIED.
2022-09-01
DISTRIBUTED for Conference of 9/28/2022.
2022-07-19
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due August 22, 2022)

Attorneys

In Re DeVinche Javon AlBritton
DeVinche J. Albritton — Petitioner