No. 21-6247

Andrew Cox v. United States

Lower Court: Sixth Circuit
Docketed: 2021-11-10
Status: Dismissed
Type: IFP
Response WaivedIFP
Tags: 28-usc-2241 28-usc-2255 due-process federal-procedure habeas-corpus ineffective-assistance-of-counsel judicial-delay motion-to-vacate statutory-interpretation suspension-clause
Key Terms:
ERISA HabeasCorpus
Latest Conference: 2021-12-03
Question Presented (AI Summary)

Does an inordinate delay of almost six years render a motion to vacate under 28 USC 2255 inadequate or ineffective to the point that Petitioner may invoke the Suspension Clause and file a petition for a writ of habeas corpus under 28 USC 2241?

Question Presented (OCR Extract)

Question Presented : DATE: 11/01/2021 09:05:11 PM ; . QUESTION PRESENTED |. Does an inordinate delay of almost six years -as a matter of law -render a motion to vacate under 28 USC 2255 inadequate or ineffective to the point that Petitioner may invoke the Suspension Clause and file a petition for a writ of habeas corpus under 28 USC 2241?

Docket Entries

2021-12-06
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam).
2021-11-17
DISTRIBUTED for Conference of 12/3/2021.
2021-11-15
Waiver of right of respondent United States to respond filed.
2021-11-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 10, 2021)

Attorneys

Andrew Cox
Andrew Cox — Petitioner
Andrew Cox — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent