No. 24-5978

In Re Marquis Deron Heard

Lower Court: N/A
Docketed: 2024-11-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 2255-motion federal-prisoner mandamus-relief pro-se-petition search-warrant sixth-circuit
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2025-01-10
Question Presented (AI Summary)

Whether a federal prisoner's multiple appeals of a 2255 motion and unresolved search warrant issues constitute grounds for mandamus relief

Question Presented (OCR Extract)

Questions Presented 1.) If the petitioner had two appeals on his 2255 motion and the second appeal was correct under Fed. R. App. P. (4) (a) (4) (a) (IV), does foreclose his right to be heard? 2.) By precluding a party’s right to be heard on an issue concerning count one of his Jencks material that was given to him at trial, does that effect his opportunity2atpel i@ FQ 3.) If a search warrant was unreturned under rule 41 (F) of the Fed. R.Crim.P. and used against the petitioner at his jury trial, then added to his 2255 by the judge does this entail a fraud placed on the court? a | Relief Sought The petitioner prays for relief in the form of mandamus being issued to the Sixth Circuit Judges in the “parties” section of this writ allowing petitioner Heard to petition under the rules and standards of the Rules Governing 2255 motions. He also ask this Honorable court review his Jencks material given to him in regards to the testimony of one detective Danielle Barto in case 11-cr-73-73-Jbc on June 2, 2011 in the Eastern District of Kentucky concerning count one. He lastly ask that his search warrant in case 11mj-5060-REW on June 5, 2011 in the eastern District of Kentucky be stricken upon review from this court of the record(s) of the above mentioned documents. , tr

Docket Entries

2025-01-13
Petition DENIED.
2024-12-05
DISTRIBUTED for Conference of 1/10/2025.
2024-11-29
Waiver of right of respondent United States to respond filed.
2024-11-05
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due December 16, 2024)

Attorneys

Marquis Heard
Marquis Deron Heard — Petitioner
Marquis Deron Heard — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent