No. 18-9035

In Re Clifford E. Avery

Lower Court: N/A
Docketed: 2019-04-30
Status: Dismissed
Type: IFP
Relisted (2)IFP
Tags: administrative-law civil-procedure-rules due-process equal-protection jurisdiction standing statutory-interpretation administrative-law civil-procedure civil-rights due-process federal-jurisdiction standing
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus Patent Privacy
Latest Conference: 2019-10-01 (distributed 2 times)
Question Presented (AI Summary)

Whether the lower court erred in dismissing petitioner's claims for lack of standing and failure to state a claim upon which relief can be granted

Question Presented (OCR Extract)

No question identified. : . QUESTION (S) PRESENTED : (1) Where Petitioner can unequivocally show from the record’ ; evidence of his case that he is, as a matter of law and fact, actually and factually innocent of the crime of conviction . . : for which he is incarcerated for by the State of New Hamp| ; shire. Does the willful failure of the State of New Hampshire | to provide him any remedy for such an occurrence violate the vo United States Constitution? . ; (2) Where Petitioner can.unequivocally show from the record : evidence of his case that he is, as a matter of law and fact, ; actually and factually innocent of the crime of conviction for which he is incarcerated for by the State of New Hampshire. Does the United States Constitution provide him a remedy for . : such an occurrence? . . (3) Does the incarceration of Petitioner, who is, as a matter . of law and fact actually and factually innocent of the crime of conviction and who has been willfully deprived of any remedy . ia for such an occurrence by the State of New Hampshire violate : : ; the United States Constitution? (4) Where Petitioner was convicted for a particular crime : under a repealed law with no saving provision permitting such prosecution for such particular crime: ‘(a) Did the trial court have jurisdiction to try the Pe. tititoner for the particular offense? . (b) If the trial court had no jurisdiction to try Peti-~ : . tioner, is the judgment of conviction and sentence : . ; imposed void for want of jurisdiction? : . (c) I£ the judgment of conviction is void, are all sub: : ‘sequent state and federal court decisions and/or opinions given in cases where Petitioner sought cor. rective judicial process for such a conviction, null and void ab initio? . ; '' (a) If Petitioner's judgment of conviction and sentence : imposed are void, what corrective judicial process is due him from the New Hampshire Supreme Court? ; (5) Under the Constitution of the United States does Pe, titioner have a right to a remedy for the purpose of establishing before the court his complete innocence of the crime for which he has been convicted and sen: tenced for? . : ; . , ,

Docket Entries

2019-10-07
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
2019-06-26
Motion DISTRIBUTED for Conference of 10/1/2019.
2019-06-13
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2019-05-20
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of habeas corpus is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam).
2019-05-01
DISTRIBUTED for Conference of 5/16/2019.
2019-04-02
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Clifford E. Avery
Clifford Avery — Petitioner
Clifford Avery — Petitioner