No. 22-5079

Steven Martinez v. Christopher Gomez, Warden

Lower Court: Sixth Circuit
Docketed: 2022-07-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-4001(a) constitutional-rights detention-authority false-imprisonment habeas-corpus indefinite-detention prison-program-statement-5380.06 sentencing-review void-judgment void-judgment-and-commitment
Key Terms:
HabeasCorpus
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Did the court of appeals apply the wrong model form motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255(e)

Question Presented (OCR Extract)

QUESTION(S) PRESENTED DID THE COURT OF APPEALS FOR THE SIXTH CIRCUIT APPLY THE WRONG MODEL FORM MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U,S,C, § 2255 (e); FOR PETITIONER TO PROCEED IN BRINGING A CLAIM OF FALSE IMPRISONMENT IN RESPONDENTS EXECUTING A VOID (J&C) PURSUANT TO 18 U.S.C. § 4001 (a)? J I.° DOES RESPONDENT(S) HAVE THE AUTHORITY UNDER PRISON PROGRAM STATEMENT 5380.06, TO EXECUTE A LIFE TERM OF IMPRISONMENT ON A VOID (J&C); THAT HAS BEEN DISMISSED ON PETITIONER, WHICH ARE UTILIZING TO RECEIVE COST OF INCARCERATION FEE? II. IS IT LEGAL TO BE IN RESPONDENT(S) CUSTODY TO PROGRAM STATEMENT 2011.12, INDEFINITELY PURSUANT TO 18 U.S.C. § 4001; WHEN PETITIONER NEVER SIGNED A CONTRACT; OR WAS UNDER THE PRESENTMENT OF A GRAND JURY INDICTMENT? III. IS RESPONDENT(S) IN VIOLATION OF PETITIONERS! CONSTITUTIONAL RIGHTS, LAWS AND TREATIES OF THE UNITED STATES, IN DETAINING PETITIONER WITHOUT A CHARGE TO 18 U.S.C. § 4001 (a)? | : i

Docket Entries

2022-10-03
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2022-07-21
DISTRIBUTED for Conference of 9/28/2022.
2022-07-14
Waiver of right of respondent Gomez, Christopher to respond filed.
2022-07-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 11, 2022)

Attorneys

Gomez, Christopher
Elizabeth B. PrelogarSolicitor General, Respondent
Steven Martinez
Steven Martinez — Petitioner