No. 18-8416

Patrick Neil Kinney v. Connie Horton, Warden

Lower Court: Sixth Circuit
Docketed: 2019-03-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability certificate-of-appealability-28-usc-2253 circuit-split conditions-of-confinement due-process habeas-corpus habeas-corpus-2241,due-process,circuit-split,certi habeas-corpus-28-usc-2241 liberty-interest prison-conditions prison-misconduct property-interest sixth-circuit
Key Terms:
AdministrativeLaw SocialSecurity DueProcess FirstAmendment HabeasCorpus
Latest Conference: 2019-04-18
Question Presented (AI Summary)

Whether claims by prisoners challenging their conditions of confinement are cognizable in habeas corpus under 28 U.S.C. 2241

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Did the Sixth Circuit err in denying a certificate of appealability under 28 U.S.C. 2253(c)(2) on the issue whether claims by prisoners challenging their conditions of confinement are cognizable in habeas corpus under 28 U.S.C. 2241 where there is a circuit split on the question, meaning that it is debatable among reasonable jurists? 2. Did the Sixth Circuit err in denying a certificate of appealability under 28 U.S.C. 2253(c)(2) on the issue whether the punishment Petitioner suffered as the result of his prison misconduct gave rise to a due process liberty or property interest, where at least one federal district court held that materially identical punishments gave rise to a due process liberty interest, meaning that it is debatable among reasonable jurists? 3. Did the Sixth Circuit err in denying a certificate of appealability under 28 U.S.C. 2253(c)(2) on the issue whether the prison rule gave Petitioner fair notice that his conduct would result in punishment, where the legal principle enunciated by the state court in denying this claim -that prisoners are held to a higher standard than the "person of ordinary intelligence" test prescribed by this Court -is directly | contrary to the holding of the Second Circuit on the same issue of federal law, | meaning that the issue is debatable among reasonable jurists? | | ii |

Docket Entries

2019-04-22
Petition DENIED.
2019-04-03
DISTRIBUTED for Conference of 4/18/2019.
2019-03-28
Waiver of right of respondent Connie Horton, Warden to respond filed.
2019-03-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 12, 2019)

Attorneys

Limited Appearance for Warden Connie Horton
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Patrick Kinney
Mary Anna Owens — Petitioner
Mary Anna Owens — Petitioner