No. 19-5519

Rubin R. Weeks v. Jason Lewis, Warden

Lower Court: Eighth Circuit
Docketed: 2019-08-08
Status: Dismissed
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-rights cruel-and-unusual-punishment due-process fundamental-rights habeas-corpus jurisdictional-defect liberty-interest parole-revocation state-court-review state-jurisdiction void-judgment
Key Terms:
AdministrativeLaw DueProcess FourthAmendment FifthAmendment HabeasCorpus Punishment
Latest Conference: 2019-11-15 (distributed 2 times)
Question Presented (AI Summary)

Does Petitioner have the Fundamental Rights to be free from the Missouri State Court's void judgment that has him restrained of liberty?

Question Presented (from Petition)

QUESTIONS PRESENTED (1).Does Petitioner have the Fundamental Rights to be free from the Missouri State Court's void judgment that has him restrained of liberty ? (2). Does Petitioner have fundamental Rights to be free from the Mississippi Department of Corrections’ void detainer hold that has him restrained of liberty ? (3). When States provide a remedy to challenge void judgments or void detainers without limitations on time to file or raise the error, even if the time to file has expired “is relief discretionary or is relief mandatory" like this Court ruled “that void judgments constitute no jurisdiction, they are simply void, and form no bar to recovery sought, even to reversal , in opposition to them, and all persons concerened in executing such judgments or sentences, are considered, in law, as trespassers" ? (4). Does Petitioner have a fundamental Right to challenge the void judgment and void detainer under 28 U.S.C and 2241 and 2243 since the Great Writ operation has always been the function to challenge the State's jurisdiction to imprison a person ? (5). Is the claim of the void judgment and void detainer having no legal force or binding effect and being nuil barred by 28 U.S.C. and 2244 ? (6). Does the Petitioner have fundamental Rights to be free from the Mississippi Parole Board arbitrary action by waiting 22 years until June 8. 2015 to revoke the Mississippi June 7. 1991 parole for the August 22. 1988 (4) year sentence which had expired on April 22. 1991 and after petitioner was arrested in Mississippi on November 2. 1991 under the September 16. 1991 MSDOC warrant which under 47-7-27 Miss. Code Ann 1991 required the parole revocation hearing within 30 days ? (7). Does Petitioner have a fundamental Right to not be subject to cruel and unusual punishment torture under a void State Court judgment commitment order ? (8). Does Petitioner have fundamental Rights that would Bar the States from placing him in " sovereignty place" without the Due process of law 14th Amendment protection ? (9). Can Congress ( National Legislation Body) or ( State Legislation Body) created statute or law hold petitioner in prison under Void judgment and void detainer where he is dying in torture from lack of adequate medical treatments from spine and brain and leg injuries caused by a police brutal beating at the time of arrest just days after a spine surgery ? (1) Piano Co re a eee , I i * RUBIN WEEKS 184303 SECC Building: 004 Complex: 04A Room:0A101 1D:614105526 [P \ 4/1] . From : RUBIN WEEKS, ID: 184303 To: Kevin Schriener, CustomerID: 8734071 Date : 7/3/2019 10:01:24 AMEST, Letter ID: 614105526 Location: SECC Housing : 00404A0A101 CERTIORARI 8

Docket Entries

2019-11-18
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
2019-10-30
Motion DISTRIBUTED for Conference of 11/15/2019.
2019-10-16
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2019-10-07
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2019-09-12
DISTRIBUTED for Conference of 10/1/2019.
2019-09-05
Waiver of right of respondent Jason Lewis to respond filed.
2019-07-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 9, 2019)

Attorneys

Jason Lewis
Julie Marie BlakeMissouri Attorney General's Office, Respondent
Julie Marie BlakeMissouri Attorney General's Office, Respondent
Rubin R. Weeks
Rubin R. Weeks — Petitioner
Rubin R. Weeks — Petitioner