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Matthew Evan Davis, Sr. v. Douglas Curtis, Commandant, United States Disciplinary Barracks, Fort Leavenworth
IFP petition · United States Court of Appeals for the Tenth Circuit, No. 24-3166 · judgment September 25, 2025
Question presented
QUESTION 1: WHETHER, IN THE UNIFORM CODE OF MILITARY JUSTICE, THE CLAIMS OF JUDICIAL BIAS AND IMPROPER REFERRAL OF CHARGES ARE JURISDICTIONAL IN NATURE. QUESTION 2: WHETHER THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT’S USE OF THE FACTORS ENUMERATED IN DODSON V. ZELEZ, 917 F.2D 1250 (10TH CIR. 1990), KNOWN COEQUALLY AS THE “DODSON FACTORS”, CREATES AN UNCONSTITUTIONAL BAR TO HABES REVIEW FOR MILITARY COURT MARTIAL PETITIONERS IN VIOLATION OF THE SUSPENSIONS CLAUSE OF THE U.S. CONSTITUTION, ARTICLE 1 § 9 CL. 2.
Counsel of record
For petitioner
Matthew Evan Davis Sr.
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 2 conferences
Proceedings
- Jun 01 2026Rehearing DENIED.
- May 12 2026DISTRIBUTED for Conference of 5/28/2026.
- Mar 23 2026Petition for Rehearing filed.
- Mar 02 2026Petition DENIED.
- Feb 12 2026DISTRIBUTED for Conference of 2/27/2026.
- Feb 09 2026Waiver of right of respondent United States to respond filed.
- Jan 13 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 2, 2026)