No. 24-5817

Lassissi Afolabi v. Warden, Federal Correctional Institution, Fort Dix

Lower Court: Third Circuit
Docketed: 2024-10-24
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: circuit-court-review federal-prisoner habeas-corpus jurisdictional-challenge statutory-interpretation successive-petition
Latest Conference: 2025-02-21 (distributed 2 times)
Question Presented (from Petition)

WHETHER § 2244(b)(1), (b)(2)'S BAR, WHICH EXPLICITLY REFERENCES ONLY §& 2254,

ALSO APPLIES TO A CLAIM RY A FEDERAL PRISONER WHO BRINGS A SUCCESSIVE CHALLENGE

TO HIS CONVICTION UNDER §2255 ?

IF SO, DOES THE COURT OF APPEALS FOR THE THIRD CIRCUIT FRR RY AFFIRMING THE
DISTRICT COURT'S JUDGMENT DISMISSING THE PETITION FOR LACK OF JURISDICTION WHEN . ;

; THE PETITIONER HAS RAISED JURISDICTIONAL VIOLATION?

Question Presented (AI Summary)

Whether § 2244(b)(1) and (b)(2)'s bar, which explicitly references only § 2254, also applies to a claim by a federal prisoner who brings a successive challenge to his conviction under § 2255

Docket Entries

2025-02-24
Rehearing DENIED.
2025-01-15
DISTRIBUTED for Conference of 2/21/2025.
2024-12-13
Petition for Rehearing filed.
2024-11-18
Petition DENIED.
2024-10-31
DISTRIBUTED for Conference of 11/15/2024.
2024-10-28
Waiver of right of respondent Warden, Federal Correctional Institution, Fort Dix to respond filed.
2024-10-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 25, 2024)

Attorneys

Lassissi Afolabi
Lassissi Afolabi — Petitioner
Warden, Federal Correctional Institution, Fort Dix
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent