Gary Lynn McDuff v. United States
DueProcess FifthAmendment HabeasCorpus Securities ClassAction
Is it a structural error and a violation of the Constitution for a district court clerk to verify receipt of exhibits submitted in support of a §2255 habeas petition, yet fail to record them, ultimately leading to the destruction of said exhibits before the district court magistrate judge and district court judge could consider them?
QUESTIONS PRESENTED: I am respectfully petitioning for a writ of certiorari directed to the Fifth Circuit Court of Appeals below (Case No.21-40073), in which I am the pro se petitioner. The primary questions raised in this petition are as follows: 1. Is it a structural error and a violation of the Constitution for a district court clerk to verify receipt of exhibits submitted in support of a §2255 habeas petition, yet fail to record them, ultimately leading to the destruction of said exhibits before the district court magistrate judge and district court judge could consider them? 2. Can a district court magistrate make findings of fact and conclusions of law for a report and recommendation, based on an incomplete record caused by the district court clerk's failure to file the exhibits delivered by the habeas petitioner for filing? 8. Was it an error for the district court to deny the petitioner's motion to correct the record, considering the incompleteness caused by the district court clerk's destruction of the exhibits before recording , them? 4. Can a court of appeals make a fundamentally fair merits determination on a §2255 habeas petition, relying on an incomplete record sent by a district court that denied the petitioner's motion to correct the record, which was made incomplete due to the district court clerk's actions? a ii , —— 5. Was it an error for the court of appeals to deny the appellant's motion to correct the incomplete record before making a merits decision? 6. Can any court make a fundamentally fair decision on a §2255 habeas corpus petition, rehearing, or reconsideration, without the complete record containing the petitioner's pleadings and evidence that were properly presented to the court for filing, but the clerk failed to file into the record? These critical questions raise concerns about due process and the integrity of the judicial system. They have significant implications for both the petitioner and the broader principles of justice. Given the gravity of the issues involved, I respectfully request that the Court grant certiorari to address these . matters and provide clarity on the constitutionality and fairness of the procedures in question. This case : presents an essential opportunity for the Supreme Court to clarify and establish precedent on these important constitutional questions. The Court’s guidance and wisdom in this matter will not only impact this procedural injustice but also serve to uphold the principles of justice and due process for all Americans in habeas proceedings. Thank you for considering this petition. I am eager to provide any additional information or clarification required and look forward to the Court's : wise and well-reasoned decision. Respectfully submitted, Msi/ Gary Lynn McDuff. — iii ee