No. 22-6262

Babubhai Patel v. T. J. Watson, Warden

Lower Court: Seventh Circuit
Docketed: 2022-12-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-court-discretion due-process habeas-corpus martinez-v-ryan newly-discovered-evidence procedural-default procedural-due-process rosemond-v-united-states savings-clause statutory-interpretation
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-01-06
Question Presented (AI Summary)

Whether the Seventh Circuit Court of Appeals abused its discretion

Question Presented (OCR Extract)

No question identified. : QUESTON NUMBER ONE: Whether the Seventh Circuit Court of Appeals abused its discretion by Summarily Affirmance of Petitioner Patel’s 2241 Writ of Habeas Corpus Petition without conducting a de novo review, thus, did this violate Mr. Patel’s Procedural Due Process of Law Rights ? QUESTION NUMBER TWO: Whether the Seventh Circuit Court of Appeals abused its discretion by affirming the district court’s procedural denial decision in regard to Ground | and Ground Vil in which relies upon “newly discovered evidence,” thus, are these claims cognizable under the savings clause of 28 U.S.C. 2255 (e) ? QUESTION NUMBER THREE: Whether the Seventh Circuit Court of Appeals abused its discretion by affirming the district court’s procedural denial decision regarding Grounds Il, lil, IV, VI, Vill, IX, X, XI, and Xil, thus, are those claims cognizable under the savings clause of 28 U.S.C. 2255 (e), relying upon Martinez v. Ryan, 566 U.S. 1 (2012); and Trevino v. Thaler, 569 U.S. 413 (2013) to excuse Patel’s procedural default ? QUESTION NUMBER FOUR: Whether the Seventh Circuit Court of Appeals abused its discretion by affirming the district court’s procedural denial decision ii. 7 regarding Ground Five in which relies upon an “statutory | interpretation” in Rosemond v. United States, 572 U.S. 65 (2014), | thus, he stands “actually innocent” of Cts. 2-14, Health Care Fraud, Aiding & Abetting and Cts. 16-34, Distribution of Controlled Substances, Aiding & Abetting, therefore, is such claim cognizable via the savings clause of 28 U.S.C. 2255 (e) ? | | | | | | Ce Be | [x] All parties appear in the caption of the case on the cover page. [ ] All parties do not appear in the caption of the case on the cover page. A list of all

Docket Entries

2023-01-09
Petition DENIED.
2022-12-22
DISTRIBUTED for Conference of 1/6/2023.
2022-12-15
Waiver of right of respondent T. J. Watson, Warden to respond filed.
2022-09-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 9, 2023)

Attorneys

Babubhai Patel
Babubhai Patel — Petitioner
Babubhai Patel — Petitioner
T. J. Watson, Warden
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent