No. 22-6262

Babubhai Patel v. T. J. Watson, Warden

Lower Court: Seventh Circuit
Docketed: 2022-12-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-court-discretion due-process habeas-corpus martinez-v-ryan newly-discovered-evidence procedural-default procedural-due-process rosemond-v-united-states savings-clause statutory-interpretation
Latest Conference: 2023-01-06
Question Presented (from Petition)

QUESTON NUMBER ONE:
Whether the Seventh Circuit Court of Appeals abused its discretion
by Summarily Affirmance of Petitioner Patel's 2241 Writ of Habeas
Corpus Petition without conducting a de novo review, thus, did this
violate Mr. Patel's Procedural Due Process of Law Rights ?

QUESTION NUMBER TWO:
Whether the Seventh Circuit Court of Appeals abused its discretion
by affirming the district court's procedural denial decision in regard
to Ground I and Ground VII in which relies upon "newly discovered
evidence," thus, are these claims cognizable under the savings
clause of 28 U.S.C. 2255 (e) ?

QUESTION NUMBER THREE:
Whether the Seventh Circuit Court of Appeals abused its
discretion by affirming the district court's procedural denial decision
regarding Grounds II, III, IV, VI, VIII, IX, X, XI, and XII, thus, are those
claims cognizable under the savings clause of 28 U.S.C. 2255 (e), relying
upon Martinez v. Ryan, 566 U.S. 1 (2012); and Trevino v. Thaler, 569
U.S. 413 (2013) to excuse Patel's procedural default ?

QUESTION NUMBER FOUR:
Whether the Seventh Circuit Court of Appeals abused its
discretion by affirming the district court's procedural denial decision
regarding Ground Five in which relies upon an "statutory
interpretation" in Rosemond v. United States, 572 U.S. 65 (2014),
thus, he stands "actually innocent" of Cts. 2-14, Health Care Fraud,
Aiding & Abetting and Cts. 16-34, Distribution of Controlled Substances,
Aiding & Abetting, therefore, is such claim cognizable via the savings
clause of 28 U.S.C. 2255 (e) ?

Question Presented (AI Summary)

Whether the Seventh Circuit Court of Appeals abused its discretion

Docket Entries

2023-01-09
Petition DENIED.
2022-12-22
DISTRIBUTED for Conference of 1/6/2023.
2022-12-15
Waiver of right of respondent T. J. Watson, Warden to respond filed.
2022-09-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 9, 2023)

Attorneys

Babubhai Patel
Babubhai Patel — Petitioner
T. J. Watson, Warden
Elizabeth B. PrelogarSolicitor General, Respondent