Don Nell Hawkins v. Patricia A. Gaughan
DueProcess FirstAmendment HabeasCorpus
Whether the doctrine of Heck v. Humphrey applies to denial of access to court claims?
QUESTION(S) PRESENTED ; This case involves a denial of access to the courts claim against a state police officer and a federal district court judge. This case presents the following questions? . 1. Whether the doctrine of Heck v. Humphrey, 512 U.S. 477, 486-87 (1994) 3p sl applies to denial of access to court claims? 2. 28 U.S.C. § 2244(b)(3) allocates subject matter jurisdiction to the court at than _the district.court;:in the first instance over a second or successive § 2255 motion. Does a district court judge act in the “clear absence of all jurisdiction" when she entertains an second or successive § 2255 motion without authorization having been granted by the court of appeals? i .