No. 25-6213

Samuel Galbraith v. Darrel Vannoy, Warden

Lower Court: Fifth Circuit
Docketed: 2025-11-24
Status: Pending
Type: IFP
Response RequestedResponse WaivedIFP
Tags: federal-review habeas-corpus parole-board procedural-adequacy state-remedy statutory-interpretation
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2026-01-09
Question Presented (AI Summary)

Whether the ability to file a state habeas corpus petition that will be summarily denied constitutes an 'available, adequate, and effective' state remedy under 28 U.S.C. § 2254(b)(1)(B)(i)

Question Presented (OCR Extract)

Galbraith seeks certiorari for the following issue: I. When a person has no cause of action and no right of action to appeal the affirmative decision of a parole board, does the simple ability to mail and file a state habeas corpus petition (or any legal filing) that will be summarily denied for no cause of action and no right of action mean a state remedy is “available, ” “adequate, ” and “effective ” under the statutory requirements of 2254(b)(l)(B)(i) and this Court's 1973 precedent under Presier v. Rodriguez 1 Page 1 of 34

Docket Entries

2026-02-13
Motion of Darrel Vannoy for an extension of time submitted.
2026-01-07
Motion to extend the time to file a response is granted and the time is extended to and including February 27, 2026.
2026-01-06
Motion to extend the time to file a response from January 28, 2026 to February 27, 2026, submitted to The Clerk.
2025-12-29
Response Requested. (Due January 28, 2026)
2025-12-17
DISTRIBUTED for Conference of 1/9/2026.
2025-12-15
Waiver of right of respondent Darrel Vannoy to respond filed.
2025-11-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 24, 2025)

Attorneys

Darrel Vannoy
Jorge Benjamin AguinagaLouisiana Department of Justice, Respondent
Jorge Benjamin AguinagaLouisiana Department of Justice, Respondent
Samuel Galbraith
Samuel Galbraith — Petitioner
Samuel Galbraith — Petitioner