Emem Ufot Udoh v. Becky Dooley, Warden
HabeasCorpus
whether-federal-court-has-authority-to-order-release-of-state-prisoner
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 ; :