No. 21-8244

In Re Dominic M. Franza

Lower Court: N/A
Docketed: 2022-06-29
Status: Dismissed
Type: IFP
IFP
Tags: 14th-amendment 28-usc-2241 28-usc-2254 constitutional-rights due-process habeas-corpus liberty-interest statutory-relief unconstitutional-imprisonment
Key Terms:
DueProcess FourthAmendment HabeasCorpus
Latest Conference: 2022-09-28
Question Presented (AI Summary)

When a petitioner's imprisonment is unconstitutional

Question Presented (OCR Extract)

QUESTIONS PRESENTED . WHEN A PETITIONER'S IMPRISONMENT AS CONCEDED IS UNCONSTITUTIONAL ; WHEN A PETITIONER IS BEING HELD AND PUNISHED WITHOUT DUE PROCESS OF LAW INFRINGING ON LIBERTY INTEREST IN DIRECT VIOLATION OF THE 14TH AMENDMENT TO THE U.S. CONSTITUTION IS HABEAS CORPUS RELIEF WARRANTED UNDER 28 U.S.C. § 2241(a)(c)(3) WHEN 28 U.S.C. § 2254 RELIEF IS EXHAUSTED AND NO OTHER RELIEF BEING AVAILABLE. HAS PETITIONER PRESENTED EXCEPTIONAL CIRCUMSTANCES WARRANTING THE GRANT OF HABEAS CORPUS RELIEF. EVEN IF THERE WERE OTHER FORMS AND COURTS IN ORDER TO SEEK RELIEF SHOULD PETITIONER HAVE TO UTILIZE SUCH WHEN SUCH ATTEMPTS WOULD BE FUTILE IN LIGHT OF THE N.Y. STATE COURT RULINGS THEREBY : PROLONGING PETITIONER'S UNCONSTITUTIONAL IMPRISONMENT WHICH CAN BE IMMEDIATELY REMEDIED BY THIS COURT. .

Docket Entries

2022-10-03
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of habeas corpus 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).
2022-06-30
DISTRIBUTED for Conference of 9/28/2022.
2022-06-22
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

In Re Dominic M. Franza
Dominic M. Franza — Petitioner
Dominic M. Franza — Petitioner