No. 24-5609

In Re Babubhai Patel

Lower Court: N/A
Docketed: 2024-09-23
Status: Dismissed
Type: IFP
IFP
Tags: 2255-motion circuit-court habeas-corpus judicial-discretion newly-discovered-evidence subject-matter-jurisdiction
Key Terms:
HabeasCorpus
Latest Conference: 2024-10-11
Question Presented (AI Summary)

Whether the Sixth Circuit abused its discretion in holding that Mr. Patel's 2255 Motion to Vacate was properly filed and within the district court's jurisdiction under McQuggin v. Perkins

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 2255 Motion to Vacate in Light of Newly Discovered Evidence Pursuant to the U.S. Supreme Court’s Ruling in McQuggin v. Perkins, 569 U.S. 383 (2013), in which relied upon “newly discovered evidence” but was transferred to the Sixth Circuit as a 2255 application, thus, did the district court have jurisdiction to adjudicate the merits consistent with the U.S. Supreme Court’s Ruling in McQuggin v. Perkins, 569 U.S. 383 (2013) ? ii.

Docket Entries

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.
2024-09-26
DISTRIBUTED for Conference of 10/11/2024.
2024-09-09

Attorneys

Babubhai Patel
Babubhai Patel — Petitioner