No. 20-7779

Thomas Creighton Shrader v. United States

Lower Court: Fourth Circuit
Docketed: 2021-04-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-U.S.C. civil-rights due-process federal-circuit-court federal-prisoner habeas-corpus judicial-authority prisoner-petition second-or-successive statutory-construction
Key Terms:
SocialSecurity
Latest Conference: 2021-05-13
Question Presented (AI Summary)

Did the 8th Circuit Court of Appeals err when it affirmed the District Court's construing of Petitioner's Motion as an unauthorized second or successive 28 U.S.C. §2255, and then denied the petition for failing to obtain prefiling authorization, when petitioner is a federal prisoner and 28 U.S.C §§2254 and 2255 only require state prisoners filing 28 U.S.C. §2254 Motions to obtain prefiling Authorizations for a second or successive motion?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED : HI. Did the «ith Cirevit Covet of Appeals Ear when it attiemed The Disteiel Courts coustR ving of Rtitionsrs Metion as aw vvauthorized second OR Successive ay U.S.C, 82255, aud then denied the petition for tailing to obtain peefiliag Atthogi zation, ihen petitioner iS A fedeen! prisoner and 29 U.S.C $44 94 GU) and 6) @ only pequike State PRISONERS Filing ag U.S.C. $4254 Motions To © tA ine paefi lag Authorizations for A SéCond oR SuacEssivE motion P Hg Did the ath Creavit USURP its authority by failing To adhs ee To The strict couste vetion of 1¢ U.S.C. $921 (w) (26), by allowing peosecuT ion under 19 USC. 3 1Ad. Pp (1) of a person whe had any aud all civil Rights Restored by the convieting State with AN COpeieial Certificate which did not expesssly provide teen that the peRsonw May not ship, Tieausport) possess of Receive Figearms P il

Docket Entries

2021-05-17
Petition DENIED.
2021-04-28
DISTRIBUTED for Conference of 5/13/2021.
2021-04-21
Waiver of right of respondent United States to respond filed.
2021-02-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 17, 2021)

Attorneys

Thomas Creighton Shrader
Thomas C. Shrader — Petitioner
Thomas C. Shrader — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent