No. 18-5782

Michael Lynn Cook v. Charles L. Ryan, Director, Arizona Department of Corrections, et al.

Lower Court: Ninth Circuit
Docketed: 2018-08-27
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: circuit-split civil-procedure civil-rights due-process equitable-tolling habeas-corpus judicial-remedies procedural-timeliness state-misconduct state-waiver statute-of-limitations
Key Terms:
HabeasCorpus
Latest Conference: 2019-01-04 (distributed 2 times)
Question Presented (from Petition)

Under U.S.C.A. Const. Amend. 14:

1. Does the "Ninth Circuit U.S. Court of Appeals decision on Which Review Is Sought Conflict with a decision of the Tenth Circuit U.S. Court of Appeals Pursuant to LOFTIS V. CHRISMAN, 812 F.3d 1268 (10th Cir. 2014)?

2. Is the Petitioner entitled to Equitable Tolling where he Actively Pursued His Judicial Remedies by Filing a Defective Pleading?

3. Was the Petitioner Affirmatively Misled by the State Courts?

4. Was the Petitioner Induced and Tricked Into allowing the Filing deadline to Pass by his adversary's Misconduct?

5. In Petitioner's First Federal Habeas Petition alleges Newly Discovered Evidence Is the Federal Filing Deadline 1-Year From the Date on Which the Factual Predicate of the Claim Could have been Discovered Through Due Diligence, § 2244(d)(1)(E) (NC; Pursuant to McQUIGGIN V. PERKINS, 64 U.S. ___ (2013)?

6. Does the State Waive the PCR Time Bar? And; Is it Improper to Address the Timeliness of a Notice of PCR Petition For the First Time on Appeal Pursuant to this Court's Legal Reasoning in ALLEN V. SIEBERT, 552 U.S. 3 (2007) quoting PEOPLE V. ROCLAIR, 204 ILL. 2d 89, 101, 789 N.E. 2d 73% 2% (2006)?

7. Is a DOC Required to Keep and Provide State Prisoners With a Copy of 28 U.S.C.A.§ 2244(d)(1)(A) 1-year Federal Statute of Limitations, the Very same Statute being Used to render Petitioner's Federal Petition Time Barred, In their Prison Libraries Per LEWIS V. CASEY, 518 U.S. 343 (1996)?

8. Did Petitioner Make a Substantial Showing of the Denial of a Constitutional Right?

Question Presented (AI Summary)

Does the Ninth Circuit U.S. Court of Appeals decision conflict with a decision of the Tenth Circuit U.S. Court of Appeals?

Docket Entries

2019-01-07
Rehearing DENIED.
2018-12-05
DISTRIBUTED for Conference of 1/4/2019.
2018-11-19
Petition for Rehearing filed.
2018-10-29
Petition DENIED.
2018-10-11
DISTRIBUTED for Conference of 10/26/2018.
2018-07-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 26, 2018)

Attorneys

Michael Lynn Cook
Michael Lynn Cook — Petitioner