Joseph R. Dickey v. Warden, FCI Marianna
HabeasCorpus
Whether 28 U.S.C. 2244(b)(1) applies to claims in 28 U.S.C. 2255 motions
QUESTION(S) PRESENTED : : In light of the plain language contained in 28 U.S.C. 2244(b)(1), which requires any claim presented . in a second or succéssive habeas corpus "application under Section 2254" that was presented in a prior : application" to be dismissed, does 28 U.S.C. 2244(b)(1) apply to claims which were in an actual habeas . petition and/or an application presented by a federal prisoner under 28 U.S.C. 2255? : Is the legal framework in the Eleventh Circuit unconstitutional for federal prisoners who uncover new . evidence of actual innocence? . Did the Supreme Court's decision in Felker v Turpin 518 U.S. 651 (1996) leave open the possibility of . an "as applied” challenge to the AEDPA's restrictions for filing a successive 2255? Does it violate the United States Constitution to imprison someone for life who is actually innocent without | : any way to present newly discovered evidence or actual innocence? | ; | . J , | i