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Henry Paul Richardson v. Christopher Gomez, Warden

IFP petition · United States Court of Appeals for the Fourth Circuit, No. 20-6953 · judgment December 22, 2020


Certiorari denied · October 4, 2021

Question presented

I. Does The Saving Clause Under Section 28 U.S.C. 2255(e), permit A Federal prisoner To Proceed in a Habeas petition Pursuant to Section 28 U.S.C. 2241, when the Remedy Under Section 28 U.S.C. 2255 is inadequate or ineffective to test the legality of a prisoner's detention when:(1) the prisoner makes a claim of Actual innocence within the meaning of Schlup v. Delo, 513 U.S. 298 (1995),and (2) has not had an unobstructed procedural opportunity at presenting that claim? II. Does The Fourth Circuit Precedent in In Re jones, 226 f.3d 328 (4th Cir. 2000), erroneously Interprets Section 28 U.S.C. 2255(e), and Limits a federal prisoner's Access To Invoke The Saving Clause;and, Also Conflicts with Other Circuit Court of Appeals Interpretation of The Saving Clause?

Counsel of record

For petitioner
Henry Paul Richardson

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jul 15 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jul 12 2021
    Waiver of right of respondent Christopher Gomez, Warden to respond filed.
  4. Jun 11 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 29, 2021)