No. 18-5159

Allen Golden v. Antoine Caldwell, Warden

Lower Court: Eleventh Circuit
Docketed: 2018-07-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2241 28-usc-2244 28-usc-2254 aedpa suspension-clause aedpa constitutional-claim constitutional-claims due-process eleventh-circuit habeas-corpus non-violent-crime non-violent-crimes suspension-clause
Key Terms:
HabeasCorpus
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether the Eleventh Circuit Court of Appeals erred in its order and the Magistrate Judge's report and recommendation regarding the suspension of habeas corpus rights under 28 U.S.C. 2244(d)(1) and the applicability of AEDPA to non-violent crimes and constitutional claims

Question Presented (OCR Extract)

No question identified. : QUESTION (S) PRESENTED DO THE ORDER ENTERED BY THE ELEVETH CIRCUIT COURT OF APPEALS ON AUGUST 29,2017 AND MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION SO ORDERED AND REPORTED AND RECOMMENDED THIS 19TH DAY OF DECEMBER 2016 AS FOLLOWS: 28 U.S.C.2244(D) (1) Suspends 28 U.S.C 2254(A)IN VIOLATION OF The _. Suspension Clause of the United States Constitution specifically ~~~" included the English common law procedure in Article One, Section : 9, clause 2, which demands that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it ? ‘ SHOULD GROUNDS (1), (2)AND (4)BE HEARD ON THE MERITS OF EVIDENCE PRESENTED THAT IS A CONNSTITUTIONAL VIOLATION? CAN THE INSTSNT BE TREATED AS A 28 U.S.C.2241 AS APPLIED TO GROUNDS (1), (2) AND (4)? DO ("AEDPA")APPLY TO NON-VIOLANT CRIMES AND WAS IT ITENDED TO BAR CONSTITUTIONAL CLAIMS? ON CERTIORARI THE ODER AND MAGISTRATE JUDGE'S REPORT AND i RECOMMENDATION SO ORDERED AND REPORTED AND RECOMMENDED THIS 19TH DAY OF DECEMBER 14.

Docket Entries

2018-10-01
Petition DENIED.
2018-07-26
DISTRIBUTED for Conference of 9/24/2018.
2018-07-11
Waiver of right of respondent Antoine Coldwell, et al. to respond filed.
2017-09-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 8, 2018)

Attorneys

Allen Golden
Allen P. Golden — Petitioner
Allen P. Golden — Petitioner
Antoine Coldwell, et al.
Andrew Alan PinsonDeputy Solicitor, Respondent
Andrew Alan PinsonDeputy Solicitor, Respondent