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Samuel Galbraith v. Darrel Vannoy, Warden
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 22-30159 · judgment August 20, 2025
Question presented
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
Counsel of record
For petitioner
Samuel Galbraith
For respondent
Jorge Benjamin Aguinaga
Louisiana Department of Justice
Case
Conference history
Distributed for 2 conferences
Proceedings
- May 04 2026Petition DENIED.
- Apr 20 2026Reply of petitioner Samuel Galbraith filed. (Distributed)
- Apr 16 2026DISTRIBUTED for Conference of 5/1/2026.
- Mar 30 2026Brief of respondent Darrel Vannoy, Warden in opposition filed.
- Feb 17 2026Motion to extend the time to file a response is granted and the time is further extended to and including March 30, 2026.
- Feb 13 2026Motion to extend the time to file a response from February 27, 2026 to March 30, 2026, submitted to The Clerk.
- Jan 07 2026Motion to extend the time to file a response is granted and the time is extended to and including February 27, 2026.
- Jan 06 2026Motion to extend the time to file a response from January 28, 2026 to February 27, 2026, submitted to The Clerk.
- Dec 29 2025Response Requested. (Due January 28, 2026)
- Dec 17 2025DISTRIBUTED for Conference of 1/9/2026.
- Dec 15 2025Waiver of right of respondent Darrel Vannoy to respond filed.
- Nov 12 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 24, 2025)