HABEAS CORPUS 2255 MOTIONS TO VACATE
Habeas Corpus 2255 motion to Vacate marijuana convictions in U.S. District Courts.
28 U.S. Code CHAPTER 153—HABEAS CORPUS
https://www.law.cornell.edu/uscode/text/28/part-VI/chapter-153
Writ of Habeas corpus is for the court to decide the legality of the detention or imprisonment where reasons for your arrest and detention must be shown. Reasons for the law not because it is illegal.
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Federal statutes (28 U.S.C. §§ 2241–2256) outline the procedural aspects of federal habeas proceedings. There are two prerequisites for habeas review: the petitioner must be in custody when the petition is filed, and a prisoner who is held in state government custody must have exhausted all state remedies, including state appellate review. Any federal court may grant a writ of habeas corpus to a petitioner who is within its jurisdiction. The habeas petition must be in writing and signed and verified either by the petitioner seeking relief or by someone acting on his or her behalf. https://www.law.cornell.edu/wex/habeas_corpus
PUBLIC ACCESS COURT ELECTRONIC RECORDS
PACER.gov
https://www.pacer.gov/reg_pacer.html
Register, PACER case search,
Title 28. Judiciary and judicial Procedures
Part VI. Chapter 153. Habeas Corpus
Section 2255 Motions Federal custody; remedies on motion attacking sentence
References
RULES AND STATUTES GOVERNING 2255 MOTIONS TO VACATE
CERTIFICATE OF APPEALABILITY (COA)
is STANDING
28 U.S. Code § 2253 (c)(1)(B)(2)
§2255 Motions to Vacate Convictions Cases
In dismissing theses § 2255 motions to vacate the government lawyer and judges failed to respond to the allegation of Ground One which are the same in all applications. Rule (5)(b).
The courts denied the being incarcerated is seizure of person and deprivation of their constitutional right of liberty.
U.S. District Courts
Louisiana,
Western
U.S.A. v. Robinson
3;18-cr-228-1
18cr228
40 Robinson’s § 2255 Motion
43 Court order.
44 Court judgment
45 Court Denies COA Denies Standing. Liberty not a right
5th Circuit Court of Appeals Closed
U.S.A. v. Robinson 20-30345
PRISONER CASE WITHOUT COUNSEL docketed. NOA filed by Appellant Mr. Robert E. Robinson [20-30345] (MAS) [Entered: 06/01/2020 08:41 AM]
INITIAL CASE CHECK by Attorney Advisor complete, Action: Case OK to Process. [9328675-2] Initial AA Check Due satisfied.. Miscellaneous due on 07/06/2020 for Appellant Robert E. Robinson(Signature required on NOA) [20-30345] (MAS) [Entered: 06/05/2020 01:55 PM]
DISMISSAL NOTICE ISSUED for failure to comply with the Court's notice of 06/05/2020 (signed notice of appeal required). DIS-1 Remedy due on 02/24/2021 for Appellant Robert E. Robinson. [20-30345] (SEP) [Entered: 02/09/2021 10:11 AM]
Maine
U.S.A. v Sawtelle closed
1:17-cr-00125-JDL-2
17cr125
142
Sawtelle’s § 2255 motion filed 6/3/19
143 Order to respond 6/4/2019 60 days
144 USA Response p. 5-7. 7/29/2019
145 Reply 8/12/2019
147 Recommendation p. 6-7 12/17/2019
148 Objection 12/30/2019
149 Order COA denied. 2/6/2020
Mississippi,
Southern
U.S.A. v. Davison Open
3:17-CR-149-DPJ-FKB
3;17cr149
In Behalf § 2255. (e)
195 § 2255 motion in behalf.
196
§
2255 Court order
206 In behalf opposition to order
207 Court order denial opposition to 196
Davison’s Filing
201 Davison § 2255 motion
202
§ 2255 Court order.
204 Court Denies COA
Davison Appeal to 5th Circuit Open
U.S.A. v. Davison
05/18/2020 MOTION filed by Appellant Mr. Steven Davison for suspension of rules FRAP Rule 2 Suspension of Rules [9315423-2]. [20-60293] (MRW) [Entered: 05/18/2020 02:39 PM]20:60293
05/18/2020 MOTION filed by Appellant Mr. Steven Davison for certificate of appealability [9315427-2]. Motion due deadline satisfied. [20-60293] (MRW) [Entered: 05/18/2020 02:42 PM]
05/18/2020 BRIEF IN SUPPORT filed by Appellant Mr. Steven Davison in support of Motion for certificate of appealability [9315427-2] Brief in Support deadline satisfied. [9315429-1] [20-60293] (MRW) [Entered: 05/18/2020 02:43 PM]
09/17/2020 APPEARANCE FORM FILED by Attorney Christopher L. Wansley for Appellee USA in 20-60293 [20-60293] (AGL) [Entered: 09/17/2020 02:56 PM]
09/29/2020 SUPPLEMENTAL ELECTRONIC RECORD ON APPEAL FILED. PSI included? No. [20-60293] (DDL) [Entered: 09/29/2020 04:02 PM]
01/15/2020 MOTION filed by Appellant Mr. Steven Davison for Judgment for Certificate of Appealability [9484467-2]. [20-60293] (MRW) [Entered: 01/19/2021 10:23 AM]
02/01/2021 Dismissed 2nd filing was without Certificate of Appealabiliy. My filing in behalf in of Davison was not authorized but counted as first filing.
5th Circuit Court of Appeals
Waiting for Filing Motion for Certificate of Appealability
For filing Third 2255 Motion to Vacate
Being incarcerated a denial of constitutional right of liberty?
Michigan, Western
U.S.A. v. Corbin Open
1:18-cr-166
316 2255 Motion to vacate Filed 10/22/2020
317 Memorandum of law
318 Order to Answer 10/23/2020 60 days to Respond
324 USA Motion to Dismiss 12/16/2020
330 Corbin’s Response 1/8/2021
Oregon
U.S.A. v.
Wafer Open
17cr435
258 Habeas corpus § 2255 filed 12/15/2020
264 government response filed 02/04/21
Marijuana not a fundamental right
266 Wafer’s reply 03/08/21
267 Court order. Filed 03/26/21
269 COA Denied. 03/29/21
9th Circuit Court of Appeals
U.S.A. v. Wafer Open
Waiting for Filing
Motion for Certificate of Appealability.
Being incarcerated denial of constitutional right of liberty?
Texas, Eastern
U.S.A. v Pineda Open?
17cr39
325 Pineda’s 2255 motion to vacate Filed 10/19/2020
6:20-cv-559
Pineda’s 2255 motion to vacate
Texas, Northern
U.S.A. v. Ray Open?
7:20-cv- 49-O
19-cr-00010-O(5)
267 Ray’s § 2255 motion filed 4/20/20.
7:20-cv-
49-O
005 Order to Amend 12/21/20
006 Amended Motion 01/04/21
007 Order COA Denied 04/16/21
008 Final judgement. 04/16/21
5th Circuit Court of Appeals
Waiting for Filing
Motion for Certificate of Appealability.
Being incarcerated a denial of constitutional right of liberty?
Virgin Island
U.S.A. v. Bully Closed
1:17-cr-00012-1
17cr12
147 Bully § 2255 Motion in behalf. § 2255 (e)
164 USA Opposition to 2255
168 Mag Judge Report and Recommendation
192 Bully’s 2255 motion ignored
Wyoming
U.S.A. v. Doty Closed
I:18-CR-0102-SWS
18cr102
44 Doty § 2255 in behalf § 2255(e)
45 Doty 2255 order Dismissed Marijuana not a fundamental right.
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