No. 18-5522

Edward Vincent Ray v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation

Lower Court: Ninth Circuit
Docketed: 2018-08-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion appellate-review buck-v-davis civil-procedure civil-rights district-court due-process federal-courts gonzalez-v-crosby habeas-corpus legal-standard rule-60b standing successive-petition
Latest Conference: 2018-09-24
Question Presented (from Petition)

whether the United Stater District Court of Northern California abused ito discretion by construing Pettioners Federal Rules of Civ.l Procedure Rule 60 (b) motion to be a "succesoive petition"?

2. whether the United States District Courti ruling was contrary to the clearly established law of this Court's decisions in Gonzalez v. Crosby, 545 U.S. 524, S3S (2005) and/or this Courts decision 1n Buck v. Davis, 137 S.Ct. 759, 766 (20r7) and Lijeberg v. Health Servs. Acqusiton Corp. 486 U.5. 847, 864 (19B8)

3. whether the United Stater Court of Appeals for the Ninth Circut's decison, denying petitioners reguest for a Certificate of Appealability on the United States District Court of Northern Californa's ruling above was objectively unreasonablel and "contrary to"clearly established federal laws?

4. whother Petitoner is entitled to have his Federal Rules of Civil Procedure Bule 6o (b) motion adjudicated oni the ments?

Question Presented (AI Summary)

Whether the United States District Court abused its discretion by construing Petitioner's Federal Rules of Civil Procedure Rule 60(b) motion as a 'successive petition'

Docket Entries

2018-10-01
Petition DENIED.
2018-08-23
DISTRIBUTED for Conference of 9/24/2018.
2018-08-15
Waiver of right of respondent Scott Kernan to respond filed.
2018-07-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 10, 2018)

Attorneys

Edward Vincent Ray
Edward Vincent Ray Jr. — Petitioner
Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation
Peggy S. RuffraOffice of the California Attorney General, Respondent