No. 23-6186

Guillermo Borboa, aka Omar Gabriel Borboa v. United States

Lower Court: Eighth Circuit
Docketed: 2023-12-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 abuse-of-power appellate-review civil-procedure civil-rights due-process fifth-amendment judicial-discretion standing subject-matter-jurisdiction
Key Terms:
HabeasCorpus Privacy
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Was the District Court and the Eighth Circuit Court of Appeals in error in dismissing a MOTION FOR IMMEDIATE RELEASE DUE TO COURTS LACK OF SUBJECT-MATTER JURISDICTION when the courts reasoning became an abuse of power simply by construing said Motion as a 28 USC §2255 MOTION?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Was the District Court and the Eighth Circuit Court of Appeals in error | in dismissing a MOTION FOR IMMEDIATE RELEASE DUE TO COURTS LACK OF SUBJECT-MATIER | JURISDICTION when the courts reasoning became an abuse of power simply by construting said Motion as a 28 USC §2255 MCIION ? . How can an Appeals Court sanction a district courts classification of a Titled Filing into being construed as‘a28 USC §2255 Motion and thereby circumventing the purpose:of said Motion that is challenging the very authority and power of said court to hear said case to begin with. Under what circumstances may a Federal Court of Appeals confirm the District Courts incarceration of :a-man whose:conviction was=-not-:in conformity-or compliance Amendment standards’, for a legal: indictment against the triee? . | :

Docket Entries

2024-01-08
Petition DENIED.
2023-12-14
DISTRIBUTED for Conference of 1/5/2024.
2023-12-11
Waiver of right of respondent United States to respond filed.
2023-11-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 5, 2024)
2023-10-30
Application (23A389) granted by Justice Kavanaugh extending the time to file until December 9, 2023.
2023-09-12
Application (23A389) to extend the time to file a petition for a writ of certiorari from October 10, 2023 to December 9, 2023, submitted to Justice Kavanaugh.

Attorneys

Guillermo Borboa
Guillermo Borboa — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent