Patrick Swiney - Actual Innocence, Newly-discovered Evidence


Attorney of Record:

Withdrawal letter


US COURT OF APPEALS, 11th CIRCUIT
Period: 05/11/06 to 06/14/06

Date
Document

ID

Event 

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Legal Status
05/11/06 P14

Plaintiff: Motion for Request to File Second or Successive § 2254 Habeas Petition

Returned by Clerk of the Court 05-15-06
05/15/06 C12
Court: Motion Returned Stating Plaintiff's Case is Not a Capital Case Because Plaintiff is Not on Death Row
PDF
Instructions to re-file 05-15-06
05/17/06 P15

Plaintiff: Application for Leave to File a Second or Successive Habeas Corpus Petition 28 U.S.C. § 2244(b) by a Prisoner in State Custody

Note regarding this Application Submittal: Petitioner filed a Motion for Request to File Second or Successive § 2254 Habeas Petition which arrived and was stamped as received by the Clerk of the Court, United States Court of Appeals for the Eleventh Circuit on May 11, 2006.  Petitioner elected not to use the form herein because the form clearly states: “All applicants seeking leave to file a second or successive petition are required to use this form, except in capital cases.  In capital cases only, the use of this form is optional.”

 

Petitioner was convicted of capital murder.  He assumed this was a capital case until the Clerk of the Court returned his motion with instructions to complete the form herein on May 15, 2006.  The AEDPA deadline for filing in Federal District Court is June 9, 2006.  Petitioner prays this honorable Court will consider this in its decision. 

 

See letter by attorney to 11th Circuit Court requesting amendment to Court's instructions on Capital Cases.

 

Denied 06/14/06
06-14-06 C13
File Date
Entry
Party
Pending
05/17/2006
Application for Leave to File a Successive Petition for Habeas Corpus:
Ronald Patrick Swiney
No
06/14/2006
Application to file a second or successive Petition for Habeas Corpus is DENIED. (RLA/SFB/JFD)
No
06/14/2006
Case Closed. Dismissed - Order
No
06/14/2006
DIS-4 (Letter to district court enclosing court order) issued. To:Frank Wilson Myers, Sr.; c:Ronald P. Swiney; c:Troy King
No
06/19/06
Court Order: "Accordingly, because Swiney has failed to make a prima facie showing of the existence of either of the grounds set forth in § 2244(bX2), his application for leave to file a second or successive petition is hereby DENIED."
No

Last updated:  06 /14/2006