Is the petitioner entitled to immediate relief, including mandamus or prohibition from this Court, to protect his constitutional and statutory rights guaranteed in Massaro v. United States, 538 US 500, to a full and fair judicial review of cognizable claims of ineffective assistance of counsel with an evidentiary hearing to resolve material factual disputes

QUESTION(S) PRESENTED 1. Is the petitioner entitled to immediate relief, including mandamus or prohibition from this Gourt, to protect his constitutional and statutory rights guaranteed in Massaro v. United States, 538 US 500, to a full and : fair judicial review of cognizable claims of ineffective assistance of counsel with an evidentiary hearing to resolve material factual disputes never resolved in his 2012 28 U.S.C. §2255 petition? 2. Is the failure of the district court and the United States Court of Appeals to hold an evidentiary hearing to allow the petitioner to develop an ineffective assistance of counsel claim that he was coerced into pleading guilty to a crime he did not commit by the AUSA and his attorneys, who later refused to move for withdrawl of his guilty plea as ordered before sentencing, the type of extraordinary circumstances correctable by mandamus? ; : of . , RELIEF SOUGHT , Petitioner prays for a’ writ of mandamus or as appororiate, directed to the ‘United States District Court for the Western District of.Michigan, and the -~ . Honorable Robert J. Jonker, directing and commanding the Honorable Jonker to grant ‘him a full and fair judicial review of the claims of ineffective assistance of counsel that were made in his 2012 28 USC §2255, by holding an evidentiary hearing to develop his claims and to resolve material factual disputes, as ; " announced in this courts decision in Massaro v. United States, 538 US 500 and 7 the rules governing 28 USC §2255(b). ‘ , i UNAVALLABILITY OF RELIEF IN OTHER COURTS oe : UNSUTABILITY OF ANY OTHER FORM OF RELIEF . . : : . Due to the vast number of petitions that he has filed in the past 9 years, ; and very limited space he is allowed by the prison, Hower can only present a. ; partial record of the motions he has filed requesting federal collateral relief. What he does show is his due diligence in asserting his constitutional rights , to establish the record and further develop his ineffective assistance of counsel clains to prove his innocence. There has never been more that a 30 day gap between his filing of motions, once one was rejected, another was in the mail. On December 1st, 2009 Hower was sentenced to 600 months inprison; November 9th 2011 the direct appeal was denied by the "sixth" cir. court of appeals; November 2012, filed §2255, and denied by district court in August 2013. September . -2013 filed §2255 to the "sixth" cir. and denied in May 2014. In June 2014 filed for rehearing/ rehearing en banc to "sixth" cir. and was denied July 2014. 5 , Hower has filed many other motions, five petitions for "second or successive", motions to the district court and then to the court of appeals for "motion to unseal docket #57", "motion to inforce FOIA" and a "motion under Rule 60(b)." (all denied without review) | | Hower ‘has filed motions under 28 USC §2241 to the disrtict court in,Maryland. Hower has filed a civil action against his two attorneys. : "Hower has filed a motion to withdrawl his guilty plea to the district court so that was. transfer to the court of appeals as a "second or successive" petition.. oe Hower has ‘filed three motions to this US Supreme court, two for a writ of 7 Certiorari and one for “rehearing”. All motions have been denied or transfered to the court of appeals then dismissed. All of these petitions have asserted the eo, " same basic claims, that Hower is innocent of all the charges. ahd only plead guilty i ce ‘to the AUSAs' "off the-record" promise because he was coerced by the AUSA and _ his attorney, if he did not take the promise, his wife was going to be arrested and his children were going into fostercare and he was going to get "life" in . federal prison and similar state charges. See affidavit (appx b) . oo: . Hower has tried everything he!can* think of before getting to his current request for mandamus. Hower has motioned other courts in other jurisdictions , hoping that someone will give him a full and fair review: that he was deni