Patrick Neil Kinney v. Connie Horton, Warden
AdministrativeLaw SocialSecurity DueProcess FirstAmendment HabeasCorpus
Whether claims by prisoners challenging their conditions of confinement are cognizable in habeas corpus under 28 U.S.C. 2241
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 |