No. 18-5773

Michael Delancy v. Jorge L. Pastrana, Warden

Lower Court: Eleventh Circuit
Docketed: 2018-08-27
Status: Denied
Type: IFP
Relisted (5)IFP
Tags: 851 F.3d 1076 (11th Cir. 2017) Inc. unconstitutionally forecloses habeas-corpus-acces which is in conflict with opinions of nine other 28-usc-2241 circuit-split constitutional-challenge due-process federal-courts federal-inmates florida-state-convictions habeas-corpus mathis-v-us sentencing sentencing-enhancement statutory-interpretation
Key Terms:
HabeasCorpus Securities
Latest Conference: 2019-03-15 (distributed 5 times)
Question Presented (AI Summary)

Whether the Eleventh Circuit Court of Appeals holding unconstitutionally forecloses habeas-corpus-access

Question Presented (OCR Extract)

QUESTIONS PRESENTED . 1. Whether the Eleventh Circuit Court of Appeals holding in McCarthan v. Dir. of Goodwill Indus.-Suncoast, Inc., 851 F.3d 1076 (11th Cir. 2017), which is in conflict with opinions of nine other circuit courts of appeals as to the . availability of relief under 28 U.S.C. § 2241 for federal inmates, unconstitutionally forecloses habeas corpus access in the courts. 2. Whether, under this Court's holding in Mathis v. U.S., 136 S.Ct. 2243 (2016), Petitioner was unconstitutionally enhanced at sentencing based upon prior Florida-state con. victions which Petitioner challenged via 28 U.S.C. § 2241. (md . og ee a LIST: OF PARTIES es All parties to this action are named and listed in the Oe . caption of this case on the title page. : ; oe

Docket Entries

2019-03-18
Petition DENIED.
2019-03-11
DISTRIBUTED for Conference of 3/15/2019.
2019-02-25
DISTRIBUTED for Conference of 3/1/2019.
2019-02-19
DISTRIBUTED for Conference of 2/22/2019.
2019-01-30
DISTRIBUTED for Conference of 2/15/2019.
2018-12-27
Rescheduled.
2018-12-13
DISTRIBUTED for Conference of 1/4/2019.
2018-11-26
Memorandum of respondent Pastrana, Warden, Jorge L. in opposition filed.
2018-10-24
Motion to extend the time to file a response from October 26, 2018 to November 26, 2018, submitted to The Clerk.
2018-10-24
Motion to extend the time to file a response is granted and the time is further extended to and including November 26, 2018.
2018-09-20
Motion to extend the time to file a response is granted and the time is extended to and including October 26, 2018.
2018-09-19
Motion to extend the time to file a response from September 26, 2018 to October 26, 2018, submitted to The Clerk.
2018-05-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 26, 2018)

Attorneys

Michael Delancy
Michael Delancy — Petitioner
Pastrana, Warden, Jorge L.
Noel J. FranciscoSolicitor General, Respondent