No. 25-6527

Brian William Schumaker v. United States

Lower Court: Eleventh Circuit
Docketed: 2026-01-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-precedent jurisdictional-challenge motion-denial plenary-review record-expansion section-2255
Latest Conference: 2026-02-20
Question Presented (from Petition)

I. WHETHER the lower courts erred in denying petitioner's motions to expanding the record in the district court and supplementing the record in the court of appeals?

II. WHETHER the lower courts erred in denying petitioner's motion under 28 USC §2255(f)(4) as being 'second or successive' in light of the proffered evidence submitted by way of the submitted letters from GEORGIA State Governor Brian Kemp dated "August 15, 2024", asking for 'plenary review' to a 'factual attack' on the district court's jurisdiction; and by ignoring their own circuit precedent in Leal-Garcia v. Quarterman ?

Question Presented (AI Summary)

Whether the lower courts erred in denying petitioner's motions to expand the record and in denying a motion under 28 USC §2255(f)(4) as being 'second or successive'

Docket Entries

2026-02-23
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2026-01-22
DISTRIBUTED for Conference of 2/20/2026.
2026-01-16
Waiver of United States of right to respond submitted.
2026-01-16
Waiver of right of respondent United States to respond filed.
2025-08-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 9, 2026)

Attorneys

Brian William Schumaker
Brian William Schumaker — Petitioner
United States
D. John SauerSolicitor General, Respondent