No. 23-7064

Omar Sierre Folk v. Warden, Allenwood FCI

Lower Court: Third Circuit
Docketed: 2024-03-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 2241-petition 2255-escape-hatch actual-innocence custodial-petition custody direct-cert-denial escape-hatch habeas-corpus procedural-shot procedural-standard section-2255
Latest Conference: 2024-04-19
Question Presented (from Petition)

1. Whether Lower Court Misapplied Inadequate or Ineffective for purposes of § 2255 only when a Petitioner (1) Makes A Claim of Actual Innocence and (2) Has not had an Unobstructed Procedural Shot At Presenting That Claim. A Petitioner "must satisfy both of those requirements" to get through § 2255's "Escape Hatch" and be allowed to file a § 2241 Petition in custodial court. As Direct Cert. Denial Had Not Been Sent By Disposition Under Supreme Court Rule 16.

Question Presented (AI Summary)

Whether Lower Court Misapplied Inadequate or Ineffective

Docket Entries

2024-04-22
Petition DENIED.
2024-04-04
DISTRIBUTED for Conference of 4/19/2024.
2024-03-27
Waiver of right of respondent Warden Allenwood FCI to respond filed.
2024-02-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 22, 2024)

Attorneys

Omar S. Folk
Omar Folk — Petitioner
Warden Allenwood FCI
Elizabeth B. PrelogarSolicitor General, Respondent