Martinez v. Secretary of Health and Human Services case brief

Martinez v. Secretary of Health and Human Services case brief summary
815 F.2d 1318 (1987)

CASE SYNOPSIS

Appellant prisoner sought review of an order from the United States District Court for the District of Arizona, which denied his petition for writ of habeas corpus filed pursuant to 28 U.S.C.S. § 2241 that sought release from custody and appointment of advisory counsel for his pending appeal from his conviction for unarmed bank robbery.

CASE FACTS
Appellant prisoner filed a petition for habeas corpus relief pursuant to 28 U.S.C.S. § 2241, seeking release from custody and appointment of advisory counsel for his pending appeal from his conviction for unarmed bank robbery. The district court denied the petition on the merits, and appellant sought review.

DISCUSSION

• The court vacated the order that denied appellant's petition on the merits and remanded the cause to the district court with instructions to dismiss the petition for lack of subject matter jurisdiction. 
• The court determined that the district court had no authority to review the petition while appellant's petition for certiorari was pending before the supreme court. 
• The court concluded that the district court should not have reviewed appellant's petition because the court had previously decided the issues raised in motions submitted by appellant.

OUTCOME

The court vacated the order that denied, on the merits, the petition for habeas corpus relief filed by appellant prisoner and remanded the cause to the district court with instructions to dismiss the petition for lack of subject matter jurisdiction, finding that the district court had no authority to entertain the petition while appellant's petition for certiorari was still pending before the supreme court.

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