No. 18-5356
Joaquin H. Ciria v. California
IFP
Tags: actual-innocence civil-procedure civil-procedure,fraud,rule-60(b),actual-innocence, fraud fraud-upon-court procedural-mechanism rule-60(b) rule-60b successive-petition timeliness
Latest Conference:
2018-09-24
Question Presented (from Petition)
IF A FEDERAL RULES OF CIVIL PROCEDURE, RULE 60(b) MOTION ("Rule 60(b)") IS THE CORRECT PROCEDURE FOR RAISING CLAIMS OF FRAUD COMMITTED UPON THE COURT?
DID THE DISTRICT COURT'S DETERMINATION THAT PETITIONER'S SECOND SUCCESSIVE RULE 60(b) MOTION WAS UNTIMELY AND/OR A PETITION WITH HIS CLAIM OF ACTUAL INNOCENCE DUE TO FRAUD UPON THE COURT COMPORT?
Question Presented (AI Summary)
Whether Rule 60(b) is the correct procedure for raising claims of fraud committed upon the court
Docket Entries
2018-10-01
Petition DENIED.
2018-09-06
DISTRIBUTED for Conference of 9/24/2018.
2017-12-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 24, 2018)
Attorneys
Joaquin Ciria
Joaquin Ciria — Petitioner