"No. 21-0319/AF. In re Damien G. Kawai. On consideration of the petition for extraordinary relief in the nature of a motion for compassionate release and reduction in sentence pursuant to 18 U.S.C. § 3582(c)(1)(A)(i), it is ordered that the petition is dismissed for lack of jurisdiction."
Comment: This one looks like a pro se prisoner. Query: does the Prison Litigation Reform Act's "Three Strikes" rule apply to CAAF? Should it? "(g) In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury." 28 U.S.C.A. § 1915 (West)
Donald G Rehkopf, Jr.
10/5/2021 10:12:17 am
18 USC 3551(a), in relevant part controls:
Tami a/k/a Princess Leia
10/5/2021 12:57:10 pm
I would say no, because it's not a civil action before CAAF, and since CAAF doesn't have jurisdiction over civil actions, it's appropriate to dismiss for lack of jurisdiction. Comments are closed.
|
Links
CAAF -Daily Journal -Current Term Opinions ACCA AFCCA CGCCA NMCCA Joint R. App. Pro. Global MJ Reform LOC Mil. Law Army Lawyer Resources Categories
All
Archives
April 2022
|