Supreme Court of the United States · Official docket →
In Re Andrew James Johnston
IFP petition
Dismissed · September 4, 2025
Question presented
- Is petitioner entitled to immediate relief, including issuance of a writ of habeas corpus from this Court, to protect the privilege of habeas corpus as guaranteed by the U.S. Constitution, and to compel a merits determination of an actual innocence claim that the court of appeals has refused to address as a question of fact? RELIEF SOUGHT Petitioner prays for a writ of habeas corpus that directs the court of appeals to address the merits of petitioner's actual innocence claim as a question of factual innocence, not a question of law. UNAVAILABILITY OF RELIEF IN OTHER COURTS No other court can grant the relief sought by this petition because this Court's decision in Jones v. Hendrix, 599 U.S. 465 (2023) prohibits petitioner from proceeding under 28 U.S.C. Section 2241 and/or 28 U.S.C. Section 2255(e) in the district of confinement, and the court of appeals is using censorship tactics comprised of filing restrictions to avoid exercising its jurisdiction to make a decision on the merits under 28 U.S.C. Section 2255(h)(1). See, Appeal No. 24-1515.. That is, the court of appeals is using unlawful/tyrannical filing restrictions to effectively suspend petitioner's right to reopen his original Motion To Vacate Under 28 U.S.C. Section 2255, Case No. 1-21-cv-2720, by way of Federal Rule of Civil Procedure 60 (b)(6) or his Amended Motion For A New Trial Under Federal Rule of Criminal Procedure 33(b)(1), Case No. 1:17-cr-517, through an overbroad imposition, and subsequent enforcement of, filing restrictions imposed in Appeal No. 24-1515. These circumstances, combined with this Court's decision in Jones v Hendrix, 599 U.S. 465 (2023) make relief unavailable in any other court besides this Court.
Counsel of record
For petitioner
Andrew James Johnston
For respondent
—
Case
Conference history
Distributed for 1 conference
Proceedings
- Sep 04 2025Case removed from Docket.
- Aug 28 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 17 2025Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.