No. 23-6236

Joseph R. Dickey v. Warden, FCI Marianna

Lower Court: Eleventh Circuit
Docketed: 2023-12-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2244 28-usc-2255 actual-innocence aedpa aedpa-restrictions constitutional-challenge federal-prisoner felker-v-turpin habeas-corpus successive-petition
Key Terms:
HabeasCorpus
Latest Conference: 2024-01-19
Question Presented (from Petition)

In light of the plain language contained in 28 U.S.C. 2244(b)(1), which requires any claim presented in a second or successive habeas corpus "application under Section 2254" that was presented in a prior application" to be dismissed, does 28 U.S.C. 2244(b)(1) apply to claims which were in an actual habeas petition and/or an application presented by a federal prisoner under 28 U.S.C. 2255?

Is the legal framework in the Eleventh Circuit unconstitutional for federal prisoners who uncover new evidence of actual innocence?

Did the Supreme Court's decision in Felker v Turpin 518 U.S. 651 (1996) leave open the possibility of an "as applied" challenge to the AEDPA's restrictions for filing a successive 2255?

Does it violate the United States Constitution to imprison someone for life who is actually innocent without any way to present newly discovered evidence or actual innocence?

Question Presented (AI Summary)

Whether 28 U.S.C. 2244(b)(1) applies to claims in 28 U.S.C. 2255 motions

Docket Entries

2024-01-22
Petition DENIED.
2024-01-04
DISTRIBUTED for Conference of 1/19/2024.
2023-12-29
Waiver of right of respondent Warden, FCI Marianna to respond filed.
2023-11-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 11, 2024)

Attorneys

Joseph R. Dickey
Joseph R. Dickey — Petitioner
Warden, FCI Marianna
Elizabeth B. PrelogarSolicitor General, Respondent