ClassAction
Should the court issue an emergency writ of habeas corpus requiring respondent's to release petitioner due to the fact COVID-19 and its variants present an imminent danger to petitioner's life from which petitioner, whom is incarcerated, cannot protect himself because respondent's cannot 100% protect petitioner from contracting the deadly virus under any living conditions that can be provided by respondent's thereby illegally commutating his present 4.2 year sentence into a death sentence?
QUESTION PRESENTED FOR REVIEW SHOULD THE COURT ISSUE AN EMERGENCY WRIT OF HABEAS CORPUS REQUIRING RESPONDENT’S TO RELEASE PETITIONER DUE TO THE FACT COVID-19 AND ITS VARIANTS PRESENT AN IMMINENT DANGER TO— PETITIONER’S LIFE FROM WHICH PETITIONER, WHOM IS ~ INCARCERATED, CANNOT PROTECT HIMSELF BECAUSE ; : RESPONDENT’S CANNOT 100% PROTECT PETITIONER FROM CONTRACTING THE DEADLY VIRUS UNDER ANY LIVING CONDITIONS THAT CAN BE PROVIDED BY RESPONDENT’S THEREBY ILLEGALLY COMMUTATING HIS PRESENT 4.2 YEAR SENTENCE INTO A DEATH © ; SENTENCE? i Il. PARTIES 1. Petitioner, Christopher Vigliotti is a citizen of the United States incarcerated under the custody and care of Respondent’s DeSantis, Inch and Duncan at the Tomoka Correctional Institution, 3950 Tiger Bay Road, Daytona Beach, Florida 32124. . 2. Respondent Ron DeSantis is a citizen of the United States and Governor of the State of ; Florida, and is the ultimate authority over the Florida Department of Corrections. 3. Respondent Mark S. Inch is the Secretary of the Florida Department of Corrections and is responsible for Petitioner’s care and custody (Florida Department. of Corrections, 500 South Calhoun Street, Tallahassee, Florida 32399). 4. Respondent DaQuaris Duncan is the Warden at Tomoka Correctional Institution, and is responsible for Petitioner’s care and custody (Tomoka Correctional Institution, 3950 Tiger Bay Road, Daytona Beach, Florida 32124). . Il. JURISDICTION 5. Petitioner invokes this Court’s jurisdiction pursuant to the Constitution of the United States, Article III, under Title 28 U.S.C. § 1651, and under Title 28 U.S.C. § 2241(c)(3). ; 6. This Court has original jurisdiction under U.S.C., Article III, as all cases affecting the governor in which a State shall be a party, the Supreme Court shall have original jurisdiction. IV.__ CONSTITUTIONAL PROVISIONS 7. Amendment VIII to the Constitution of the United States: “Nor [shall] cruel . . . punishment be inflicted.” 8. Amendment XIV to the Constitution of the United States: “. . . nor shall any state deprive any person of life [or] liberty . . . without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” (