Brian David Hill v. United States
DueProcess FifthAmendment HabeasCorpus
Where the U.S. Court of Appeals didn't properly grant a Certificate of Appealability to an improperly dismissed § 2255 Motion/Case asserting Actual Innocence and later on asserted the ground of Fraud on the Court in the case while pending disposition
Questions Presented Where the U.S. Court of Appeals didn’t properly grant a Certificate of Appealability to an improperly dismissed § 2255 Motion/Case asserting Actual Innocence and later on asserted the ground of Fraud on the Court in the case while pending disposition. Both grounds of fraud on the Court and actual innocence, which are not subject to a one-year statute of limitations? Where the U.S. District Court improperly and | unlawfully dismissed § 2255 Motion/Case without an opportunity to conduct discovery, without an evidentiary hearing to address the actual innocence ground and without addressing the uncontested fraud on the court Hazel Atlas motions? } Where the U.S. Court of Appeals completely ignored | and avoided the Supreme Court authoritative case law rulings regarding exceptions to the one-year statute of limitations under the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”) and improperly denied the Certificate of Appealability? : Where the U.S. District Court had erred on not allowing any expert witnesses to examine the seized | ii computer of Brian David Hill, formerly of USWGO Alternative News and examine Brian’s false confession made on August 29, 2012 in the Town of Mayodan, Rockingham County, North Carolina? Where the U.S. District Court had erred on not allowing any expert witnesses to examine why supposed files of interest which the prosecutor proclaimed was alleged child pornography was downloading between July 20, 2012, and July 28, 2013? Even after the seized computer of Brian David Hill, formerly of USWGO Alternative News was seized by, the Town of Mayodan Police Department on August 28, 2012 according to a copy of the Search Warrant filed pro se by Brian Hill? Where case law precedent in this very Court and other appellate Courts all held that Actual Innocence and cause of showing prejudice can overcome a one-year statute of limitations. That the U.S. Court of Appeals had bucked this Court with autonomous case law Whiteside v. United States and acted in disregard for SCOTUS by ruling that there are no exceptions to the one year of limitations including no Actual Innocence Exception? iti Where the “due process of law” clause of the U.S. Constitution, Amendment V, is being deprived and | ignored by the U.S. District Court in the Middle district of North Carolina and the supervisory Court known as the U.S. Court of Appeals. That is by denying the Certificate of Appealability knowing that there were two Constitutional grounds which would be an exception to the AEDPA one | year statute of limitations for Federal Writ of Habeas Corpus Petitioners aka § 2255 Motions? | iv