DueProcess HabeasCorpus JusticiabilityDoctri
Whether the Third Circuit has improperly reduced the 2241 gateway via 2255(e) through abuses of discretion in creating conflicting dicta that contradict statute definitions and Supreme Court rulings
QUESTION(S) PRESENTED The petitioner respectfully assures the Honorable Supreme Court that this Mandamus issue exemplifies important questions that are in desperate need of guidelines for future resolution of similar cases, which effect the Constitutional Rights of thousands of incarcerated U.S. Citizens. Your intervention is necessary to assist the 3rd Circuit in exercising "Sound Judicial Discretion" in adjudicating 2241 's. As to reinforce a cornerstone of the Federal Justice System, that Laws, Written by Congress and defined by the Supreme Court of the United States of America are to be enforced according to the terms of the statute and that ; alterations to a statute is strictly Legislative, thus, defending integrity. ; . Q: The Third Circuit has reduced the 2241 Gateway to qualify via 2255(e) to an impassable size through . abuses of discretion in the creation of Dicta, that openly conflict with Statute Definitions, Supreme Court Rulings and simple logic. : EXAMPLES: (More details, supporting authority and summation are in the included Brief). : 1) There are multiple differing 2255(e) criteria that are each stated to be the "Only" (emphasis added) ’ qualifier for 2241 via 2255(e). By sheer definition, there cannot be more than one "Only". In the . instant case, when the petitioner satiated Okereke's "Only", they ' dismissed Sheehan's Writ by . quoting Cradle's "only". (Memorandum in briefon page__). 2) Misinterpreting the Supreme Court's ruling in Dorsainvil, at least twice, combined with #1, supra, : resulting in the "disposal of submissions” not "Fairly adjudicating constitutional claims ina judicial forum", per due process. : The 3rd Circuit rules via Dorsainvil, Actual Innocence is only a "Change in Law..." The Supreme Court ruled in Dorsainvil, other wise, infra: , The 3rd Circuit adjudicates "Actual Innocence" as "Only a change in Law due to Newly discovered..." The Supreme Court ruled Actual Innocence is in light of all the evidence, no juror would convict”. QUESTION: Whois right? , oe a : .