No. 24-5305

In Re Babubhai Patel

Lower Court: N/A
Docketed: 2024-08-13
Status: Denied
Type: IFP
IFP
Tags: abuse-of-discretion district-court-jurisdiction habeas-corpus second-in-time-motion statutory-interpretation supreme-court-precedent
Key Terms:
HabeasCorpus Securities
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether the Sixth Circuit abused its discretion by holding that a Second-in-Time 2255 Motion based on a new Supreme Court statutory interpretation ruling was a valid 2255 application and whether the district court had jurisdiction to adjudicate the merits

Question Presented (OCR Extract)

QUESTION(S) PRESENTED . QUESTON NUMBER ONE: Whether the Sixth Circuit abused its discretion by holding that Mr. Patel’s properly filed Second-in-Time 2255 Motion in which relied upon U.S. Supreme Court Ruling of a new statutory interpretation was a 2255 application, thus, did the district court have jurisdiction to adjudicate the merits since claim was unripe when he filed his first 2255 Motion in which is consistent with U.S. Supreme Court precedents in Slack, 529 U.S. 473, 486 (2000); and Stewart, 523 U.S. 637, 642 (1998) ? ii.

Docket Entries

2024-10-07
Petition DENIED.
2024-08-15
DISTRIBUTED for Conference of 9/30/2024.
2024-07-30
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

In Re Babubhai Patel
Babubhai Patel — Petitioner
Babubhai Patel — Petitioner