No. 24-5709

Gregory Bartunek v. United States

Lower Court: Eighth Circuit
Docketed: 2024-10-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: evidentiary-hearing habeas-corpus material-facts procedural-relief rule-60b section-2255
Latest Conference: 2024-11-08
Question Presented (from Petition)

If the § 2255 pleadings raised issues of fact, should those have been resolved by an evidentiary hearing?

II. Was the lack of an evidentiary hearing grounds for relief under Rule 60(b)(1)?

III. Did the pleadings raise material issues of fact which if true, would entitle Bartunek to habeas relief?

Question Presented (AI Summary)

Whether unresolved factual issues in a § 2255 motion warrant an evidentiary hearing and potential habeas relief

Docket Entries

2024-11-12
Petition DENIED.
2024-10-24
DISTRIBUTED for Conference of 11/8/2024.
2024-10-17
Waiver of right of respondent United States to respond filed.
2024-09-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 6, 2024)

Attorneys

Gregory Bartunek
Gregory Bartunek — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent