No. 18-7581

Brandon Erwin v. FCI Coleman - Low, Warden

Lower Court: Eleventh Circuit
Docketed: 2019-01-25
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2241 28-usc-2255 actual-innocence circuit-precedent habeas-corpus habeas-corpus-jurisdiction jurisdictional-restriction retroactive-change section-2241 section-2255
Key Terms:
HabeasCorpus
Latest Conference: 2019-05-23
Question Presented (AI Summary)

Does the Eleventh Circuit too narrowly restrict a district court's § 2241 corpus jurisdiction?

Question Presented (OCR Extract)

QUESTIONS PRESENTED : oo _ / — Question 1 The majority of the federal appeallate circuits conclude that § 2255 is inadequate or ineffective to adjudicete a claim of actuaJ. innocence, which results from a retroactive change in the circuit's controlling law. Thus, a prisoner may use § 2241 to present the actual innocence claim. The Eleventh and Tenth Circuit, however, conclude that § 2255 is at Jeast theoretically adequate or effective to remedy a claim foreclosed by circuit precedent, thus in the Eleventh and Tenth a prisoner cannot access § 2241. Does the Eleventh Circuit too narrowly restrict a district court's § 2241 corpus jurisdiction? Question 2 Section 2255 prohibits a district court from taking jurisdiction over a § 2241 habeas corpus petition unless a § 2255 motion to vacate is inadequate or ineffective to test the legality of the detention. _ An actual innocence claim untethered to constitutional or jurisdiction error is not cognizable under 28 U.S.C. § 2255; incognizability is the paradigmic example on inadequate and ineffective. Thus, § 2255 is inadequate or ineffective to test the legality of a detention of based on a claim of factual : innocence. ; Does the Eleventh Circuit construction of § 2255(e) improperly restrict a district court's habeas corpus jurisdiction over actual—innocence claims that are incognizable under 28 U.S.C. § 2255(a) and (h)? : . in ; 1 . All parties appear in the caption of the case on the cover page. -ii: : : . “

Docket Entries

2019-08-23
Rehearing DENIED.
2019-08-01
DISTRIBUTED.
2019-06-22
Petition for Rehearing filed.
2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-04-30
Reply of petitioner Brandon Erwin filed.
2019-04-25
Memorandum of respondent FCC Coleman - Low, Warden filed.
2019-03-07
Motion to extend the time to file a response is granted and the time is further extended to and including April 26, 2019.
2019-03-06
Motion to extend the time to file a response from March 27, 2019 to April 26, 2019, submitted to The Clerk.
2019-02-25
Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2019.
2019-02-22
Motion to extend the time to file a response from February 25, 2019 to March 27, 2019, submitted to The Clerk.
2019-01-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 25, 2019)
2018-11-28
Application (18A551) granted by Justice Thomas extending the time to file until January 19, 2019.
2018-11-09
Application (18A551) to extend the time to file a petition for a writ of certiorari from November 20, 2018 to January 19, 2019, submitted to Justice Thomas.

Attorneys

Brandon Erwin
Brandon Erwin — Petitioner
Brandon Erwin — Petitioner
FCC Coleman - Low, Warden
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent