No. 23-6470

Richard L. Gathercole v. United States, et al.

Lower Court: Fourth Circuit
Docketed: 2024-01-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-challenge criminal-conviction due-process federal-jurisdiction habeas-corpus ineffective-motion jurisdiction section-2255 sentencing unconstitutional
Latest Conference: 2024-02-16
Question Presented (from Petition)

(1) US 38 U.S.C. Section 2255 Whether petitioner has subjected to any substantial or procedural defects that ended his life, thereby violating section 2255 less suit and impeach than a federal habeas corpus?

(2) Does the Fourth Circuit Court of Appeals and the District Court Eastern District Virginia, have jurisdiction to hear and decide the petitioner's habeas corpus petition, where a federal government's cover's decision from another circuit was contrary to or involved an unreasonable application of clearly established law as determined by the Supreme Court, and the rest will be bound securing him his constitutional violation claims back to the United States District Court Eastern District of Nebraska and the Eighth Circuit Court of Appeals, where the petitioner obtained oral and court hearing, thereby condemning section 2255 inadequate or ineffective to test the legality of his conviction?

(3) Does section 2255 as amended be inadequate or ineffective mean that it is a set of cases in support the petitioner cannot categorize cases beyond in which like before to allow for categorical being in 2013 raises serious constitutional questions?

Question Presented (AI Summary)

Whether the South Circuit Court of Appeals and the District Court for the Eastern District of Virginia have jurisdiction to hear and decide the Petitioner's Habeas Corpus Petition, where the federal sentencing court's decision from another Circuit was contrary to clearly established federal law as determined by the Supreme Court

Docket Entries

2024-02-20
Petition DENIED.
2024-01-18
DISTRIBUTED for Conference of 2/16/2024.
2024-01-16
Waiver of right of respondent United States, et al. to respond filed.
2023-10-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 12, 2024)

Attorneys

Richard L. Gathercole
Richard L. Gathercole — Petitioner
United States, et al.
Elizabeth B. PrelogarSolicitor General, Respondent