No. 22-5766

Clifford Benjamin Kinkade v. United States

Lower Court: Eighth Circuit
Docketed: 2022-10-05
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 42-usc-1983 civil-rights due-process equal-protection qualified-immunity standing
Key Terms:
SocialSecurity Immigration
Latest Conference: 2023-01-06 (distributed 2 times)
Question Presented (from Petition)

Whether the district Court's order denying a certificate of appealability for petitioner's 28 U.S.C. § 2255 motion to vacate, set aside, or correct the sentence on his mail sale (18 U.S.C. § 2922.6) as time barred by the statute of limitations under the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214, pursuant to 28 U.S.C. § 2255(f), violates the ex post facto prescription of the United States Constitution as applied in this case, and is prohibited by the due process clause.

Question Presented (AI Summary)

Whether the lower court erred in dismissing petitioner's claims for violation of their civil rights under 42 U.S.C. § 1983

Docket Entries

2023-01-09
Rehearing DENIED.
2022-12-21
DISTRIBUTED for Conference of 1/6/2023.
2022-11-23
Petition for Rehearing filed.
2022-10-31
Petition DENIED.
2022-10-13
DISTRIBUTED for Conference of 10/28/2022.
2022-10-11
Waiver of right of respondent United States to respond filed.
2022-07-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 4, 2022)

Attorneys

Clifford Kinkade
Clifford Benjamin Kinkade — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent