No. 23-6710

Martin Akerman v. Sherri Doiron

Lower Court: District of Columbia
Docketed: 2024-02-09
Status: Denied
Type: IFP
Relisted (2)IFP Experienced Counsel
Tags: 28-usc-2254 constitutional-rights federal-authority habeas-corpus jurisdiction military-custody military-jurisdiction posse-comitatus procedural-standards
Key Terms:
AdministrativeLaw DueProcess
Latest Conference: 2024-05-23 (distributed 2 times)
Question Presented (AI Summary)

Does the U.S. District Court for the District of Columbia have jurisdiction over a habeas corpus petition under 28 U.S.C. § 2254 when the petitioner's custody originates either from actions taken under the military jurisdiction of the State of Nevada pursuant to Title 32, or under federal authority as part of posse comitatus pursuant to 10 U.S.C. § 12405, with the administrative custodian located within the District of Columbia, and with the petitioner alleging violations of constitutional rights?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Does the U.S. District Court for the District of Columbia have jurisdiction over a habeas corpus petition under 28 U.S.C. § 2254 when the petitioner's custody originates either from actions taken under the military jurisdiction of the State of Nevada pursuant to Title 32, or under federal authority as part of posse comitatus pursuant to 10 U.S.C. § 12405, with the administrative custodian located within i the District of Columbia, and with the petitioner alleging violations of constitutional rights? 2. In a habeas corpus proceeding, when the custodial authority over the petitioner changes subsequent to the initial filing, does an appellate court's refusal to allow the petitioner to update the case caption to reflect the new custodian's name contravene the procedural standards and substantive rights afforded under federal habeas corpus law, thereby necessitating review by the Supreme Court to ensure the proper and consistent application of these legal principles?

Docket Entries

2024-05-28
Rehearing DENIED.
2024-05-07
DISTRIBUTED for Conference of 5/23/2024.
2024-05-02
Petition for Rehearing filed.
2024-04-15
Petition DENIED.
2024-03-21
DISTRIBUTED for Conference of 4/12/2024.
2024-02-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2024)
2024-02-06
Motion to defer consideration of the petition for a writ of certiorari filed by petitioner Martin Akerman.

Attorneys

Martin Akerman
Martin Akerman — Petitioner
Martin Akerman — Petitioner