No. 21-6988

Paul E. Pavulak v. Warden, FMC Butner

Lower Court: Ninth Circuit
Docketed: 2022-01-27
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 28-U.S.C-§-2241 28-U.S.C-§-2255(e) federal-prisoner habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan postconviction-review section-2241 section-2255
Key Terms:
HabeasCorpus
Latest Conference: 2022-02-18
Question Presented (AI Summary)

May a federal prisoner seeking review of a defaulted claim of ineffective assistance of trial counsel seek postconviction review under 28-U.S.C-§-2241, through the escape hatch in 28-U.S.C-§-2255(e)

Question Presented (OCR Extract)

QUESTION PRESENTED May a federal prisoner seeking review of a defaulted claim of ineffective assistance of trial counsel seek postconviction review under 28 U.S.C. § 2241, through the escape hatch in 28 U.S.C. § 2255(e), when either the absence or ineffective assistance of postconviction counsel before the sentencing court is the reason for the default? Put another way, may federal prisoners take advantage of the equitable exception described for state prisoners in Martinez v. Ryan, 566 U.S. 1 (2012), and Trevino v. Thaler, 569 U.S. 413 (2013), on the ground that absence or ineffective assistance of postconviction counsel renders the § 2255 remedy “inadequate or ineffective to test the legality of” a federal prisoner’s detention?

Docket Entries

2022-02-22
Petition DENIED.
2022-02-03
DISTRIBUTED for Conference of 2/18/2022.
2022-02-01
Waiver of right of respondent Warden, FMC Butner to respond filed.
2022-01-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 28, 2022)
2021-12-06
Application (21A208) granted by Justice Kagan extending the time to file until January 31, 2022.
2021-12-02
Application (21A208) to extend the time to file a petition for a writ of certiorari from December 30, 2021 to January 31, 2022, submitted to Justice Kagan.

Attorneys

Paul E. Pavulak
Keith James HilzendegerFederal Public Defender, District of Arizona, Petitioner
Keith James HilzendegerFederal Public Defender, District of Arizona, Petitioner
Warden, FMC Butner
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent