No. 24-5570

In Re Joseph R. Dickey

Lower Court: N/A
Docketed: 2024-09-18
Status: Dismissed
Type: IFP
Relisted (2)IFP
Tags: federal-prisoners habeas-corpus post-conviction-relief section-2254 section-2255 statutory-interpretation
Key Terms:
ERISA HabeasCorpus
Latest Conference: 2024-12-06 (distributed 2 times)
Question Presented (AI Summary)

Whether the bar in 28 U.S.C. § 2244(b)(1) applies to claims presented by federal prisoners in a second or successive motion to vacate under 28 U.S.C. § 2255

Question Presented (OCR Extract)

QUESTION PRESENTED Federal habeas law divides prisoners seeking post-conviction relief into two groups. Those in state custody file “habeas corpus applications” under 28 U.S.C. § 2254, Those in federal custody file “motions to vacate” under 28 U.S.C. § 2255. A separate statutory provision instructs district courts to dismiss any “claim presented in a second or successive habeas corpus application under section 2254 that was presented in a prior application.” 28 U.S.C. § 2244(b)(1) (emphasis added). The question presented is: Whether the bar in 28 U.S.C. § 2244(b)(1) applies to claims presented by federal prisoners in a second or successive motion to vacate under 28 U.S.C. § 2255. i i]

Docket Entries

2024-12-09
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
2024-11-13
Motion DISTRIBUTED for Conference of 12/6/2024.
2024-10-28
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2024-10-15
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of habeas corpus is dismissed. See Rule 39.8.
2024-09-19
DISTRIBUTED for Conference of 10/11/2024.
2024-03-22
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Dickey, In Re Joseph R.
Joseph R. Dickey — Petitioner