No. 21-6538

In Re Kenny Blanc

Lower Court: N/A
Docketed: 2021-12-07
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: 28-usc-2244 28-usc-2255 collateral-review constitutional-law federal-prisoners gatekeeping gatekeeping-requirements habeas-corpus merits prima-facie prima-facie-showing
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2022-01-14
Question Presented (AI Summary)

To satisfy the gatekeeping requirements of 28 U.S.C. §§ 2244(b)(3)(C) and 2255(h)(2), must federal prisoners make a prima facie showing that their 28 U.S.C. § 2255 motion contains a new rule of law specified in § 2255(h)(2), or must they also make a prima facie showing that their § 2255 motion will succeed on the merits?

Question Presented (OCR Extract)

QUESTION PRESENTED Before federal prisoners may file a second or successive 28 U.S.C. § 2255 motion to vacate their conviction or sentence, the court of appeals must first find that they have made “a prima facie showing that the [motion] satisfies the requirements” in 28 U.S.C. § 2255(h). 28 U.S.C. § 2244(b)(3)(C). One those so-called “gatekeeping” requirements provides that the second or successive § 2255 motion must “contain ... a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.” 28 U.S.C. § 2255(h)(2). The question presented is: To satisfy the gatekeeping requirements of 28 U.S.C. §§ 2244(b)(3)(C) and 2255(h)(2), must federal prisoners make a prima facie showing that their 28 U.S.C. § 2255 motion contains a new rule of law specified in § 2255(h)(2), or must they also make a prima facie showing that their § 2255 motion will succeed on the merits?" * Along with this petition for a writ of habeas corpus, Petitioner has simultaneously filed a petition for a writ of mandamus. The petitions are substantively identical. i

Docket Entries

2022-01-18
Petition DENIED.
2021-12-30
DISTRIBUTED for Conference of 1/14/2022.
2021-11-29
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Kenny Blanc
Andrew Lee AdlerFederal Public Defender's Office, Petitioner
Andrew Lee AdlerFederal Public Defender's Office, Petitioner