The court dismissed Petitioner’s Writ of Habeas Corpus with prejudice and without leave to amend, and denied a certificate of appealability. The court held that it lacked jurisdiction because petitioner failed to secure an order from the court of appeals authorizing the successive petition. It held that even if the court had jurisdiction over the matter, none of the grounds in the petition stated a claim for which habeas relief could be granted. Petitioner’s motion for leave to proceed in forma pauperis was granted.
Reece v. Williams, No. 2:20-CV-00960-JAD-VCF, 2020 WL 3172994 (D. Nev. June 15, 2020)
DETAILS
Decision
Date
6/15/2020
Practice Area
Criminal (State Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Nevada
Type of Case
Individual
Case Characteristics
Elderly, Post-Conviction Detention [jail or prison]
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
2:20-cv-00960-JAD-VCF
MORE CASE INFORMATION
Court Name
D. Nev.
Decision
Motion Denied
Place of Incarceration
State Prison
Legal Authority
Eighth Amendment - Deliberate Indifference, Other, Procedural Due Process (both 14th and 5th Amendments), Eighth Amendment (Cruel & Unusual Punishment)
Legal Authority
Other, § 2254 Habeas, 28 U.S.C. § 2244(b)(3)
Convictions
First-degree murder with the use of a deadly weapon
Case Status
Decision Made
Pre-Existing Health Conditions
Age, Other, Unspecified 'underlying medical conditions' that result in 'labored breathing at times'
Pre-Existing Health Conditions Notes
Age (65)
COVID-19 Positive or Symptomatic
Not discussed
COVID-19 in Jail Prison or Detention Center
Yes
Litigation Database
Crowdsourced legal documents from around the country related to COVID-19 and incarceration, organized, collected, and summarized for public defenders, litigators, and other advocates. Created and managed by Bronx Defenders, Columbia Law School’s Center for Institutional and Social Change, UCLA Law COVID-19 Behind Bars Data Project, and Zealous. Mostly federal court opinions, but now expanding to states and legal filings, declarations, and exhibits.
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