No. 18-9178

Matthew Oliver Alford v. Erik A. Hooks, Secretary, North Carolina Department of Safety, et al.

Lower Court: Fourth Circuit
Docketed: 2019-05-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure civil-rights constitutional-review due-process equal-protection federal-jurisdiction grand-jury habeas-corpus indictment jurisdictional-constraints procedural-limitations standing state-court-conviction
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Did the district Court (WDNC) and the 4th Cir. Court violate petitioner's right to access a federal court & right to due process by applying the wrong procedural rules/laws to said case, by failing to take notice, as requested, of the unique and specific circumstances, as to why he filed a 28 U.S.C. § 2241 petition for a writ of habeas corpus and not a § 2255 petition?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ) Did the. disteict Court WDiN.CAD) and the 4#C: 8. £0.40 Wolate petihoners Right te access a federal Count, & Right to due Process by applying the wRong pRocedural rulesflaws +0 said case, by Failing to take wotice, as Reguested, of the Wwigue and specific CiRcum stances, as fo why he Siled a aT usc. § 22d Petrhown foa a writ of habeas Corpus and wot a § 2asy pethow? a) Does the tnd, Congress mandate, aS set Porth po) aP USC. F ARTSY OMB) (i) & paohibet the Pethoner fom suvok ing fae jursdithoval pRovrstons of 28 WSC, § 2254 (LUA & i) () 2@)? . Ddid the State of North Cakolina, whew it farled to allege. the material averment, Matthew oliver Alfoad Getifoners Mame) jn the body of the indictuent Violate PetitroveRrs Right to indictment by a grand sury, Right to due process, & Right to be pv framed of the wature and Cause of fhe accusation against Aim ? ; A) Does this Courts holding iv Almendakez.Terres v, WS, $22 US, 224 947) Violate. (1) petitioner’ Right to due PROCESS, Right to 4 informed, Right te tkial by jury, & Right to egual protechoy? and @) tus Courts Aoledings iv Us. vs Caurkshank et al. 92 us. 54a W875)? Wilkes County vi Colek, 190 us, 506 701)? and Apptendr vi WMS. S20 US. 466 Qooo)? (i)

Docket Entries

2019-10-07
Petition DENIED.
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2019-06-03
Waiver of right of respondent Hooks, Sec., NC DPS to respond filed.
2019-05-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 7, 2019)

Attorneys

Hooks, Sec., NC DPS
Clarence Joe DelForge III — Respondent
Clarence Joe DelForge III — Respondent
Matthew Alford
Matthew Oliver Alford — Petitioner
Matthew Oliver Alford — Petitioner