No. 20-7563

Emem Ufot Udoh v. Becky Dooley, Warden

Lower Court: Eighth Circuit
Docketed: 2021-03-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-1651 actual-innocence cares-act certificate-of-appealability covid-19 federal-court-authority prison-conditions prisoner-rights sentence-execution
Key Terms:
HabeasCorpus
Latest Conference: 2021-04-23
Question Presented (AI Summary)

whether-federal-court-has-authority-to-order-release-of-state-prisoner

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW QUESTION ONE: WHETHER A FEDERAL COURT HAS THE AUTHORITY TO ; ISSUE AN ORDER FOR IMMEDIATE RELEASE AND/OR STAY OF EXECUTION OF THE REMAINING UNLAWFUL SENTENCE TOA STATE : PRISONER (A) DUE TO THE PRESENCE OF COVID-19 PANDEMIC AT STATE PRISONER'S PRISON IN QUESTION (MINNESOTA DEPARTMENT OF CORRECTIONS — RUSH CITY FACILITY); (B) DUE TO THE STATE PRISONER'S LACK OF ACCESS TO THE PRISON LAW LIBRARY RESULTING ‘FROM THE SPREAD OF COVID-19 CORONAVIRUS PANDEMIC IN THE STATE | : PRISON IN QUESTION (MINNESOTA DEPARTMENT OF CORRECTIONS — RUSH CITY FACILITY; AND (C) WHERE NEWLY DISCOVERED EVIDENCE , OF STATE PRISONER’S ACTUAL INNOCENCE _IS_ CLEARLY DEMONSTRATED IN THE FEDERAL COURT’S RECORD IN EXHIBITS 1, 2 AND 3, PURSUANT TO THE AUTHORITY IN 28 U.S.C. §1651(A) AND THE AUTHORITY GIVEN TO FEDERAL JUDGES IN THE CARES ACT SIGNED ; INTO LAW BY THE PRESIDENT DONALD J. TRUMP ON MARCH 27, 2020? QUESTION TWO: WHETHER CERTIFICATE OF APPEALABILITY SHOULD ISSUE IN THIS CASE UNDER THE EXTRAORDINARY AND/OR EXCEPTIONAL CIRCUMSTANCES PRESENT IN THIS CASE FOR AN IMMEDIATE RELEASE ‘ AND/OR STAY OF EXECUTION OF THE REMAINING UNLAWFUL SENTENCE TO PETITIONER? PETITION by Udoh — Page ii ; :

Docket Entries

2021-04-26
Petition DENIED.
2021-04-08
DISTRIBUTED for Conference of 4/23/2021.
2021-04-05
Waiver of right of respondent Becky Dooley, Warden to respond filed.
2021-03-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 26, 2021)

Attorneys

Becky Dooley, Warden
Jonathan P. SchmidtHennepin County Attorney's Office, Respondent
Jonathan P. SchmidtHennepin County Attorney's Office, Respondent
Emem Ufot Udoh
Emem Ufot Udoh — Petitioner
Emem Ufot Udoh — Petitioner