No. 18-6356

Earl Reyes v. Dale Artus

Lower Court: Second Circuit
Docketed: 2018-10-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion appellate-procedure certificate-of-appealability civil-procedure-appeal court-of-appeals federal-rules-of-appellate-procedure final-decision frap-rule-24 in-forma-pauperis indigent-appellant indigent-rights motion-to-vacate plain-error standing Whether the court of appeals abused its discretion Whether the court of appeals was correct to requir
Latest Conference: 2019-01-04
Question Presented (from Petition)

WHETHER IT WAS PLAIN ERROR FOR A COURT OF APPEALS TO DENY IN FORMA PAUPERIS RELIEF TO AN INDIGENT APPELLANT WHO LIKE THE PETITIONER IN THIS CASE-WAS IN COMPLIANCE WITH RULE 24(a)(3),FRAP, 28 U.S.C..

WHETHER THE COURT OF APPEALS WAS CORRECT TO REQUIRE REVES TO OBTAIN COA-BEFORE TAKING APPEAL ON A FINAL DECISION DISPOSING OF A MOTION TO VACATE THE JUDGMENT.

WHETHER THE COURT OF APPEALS ABUSED I"S DISCRETION IN DENYING REVES A CERTIFICATE OF APPEALABILITY.

Question Presented (AI Summary)

Whether it was plain error for a court of appeals to deny in forma pauperis relief to an indigent appellant

Docket Entries

2019-01-07
Petition DENIED.
2018-11-29
DISTRIBUTED for Conference of 1/4/2019.
2018-11-08
Waiver of right of respondent Dale Artus to respond filed.
2018-09-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 16, 2018)
2018-07-19
Application (18A80) granted by Justice Ginsburg extending the time to file until September 24, 2018.
2018-07-08
Application (18A80) to extend the time to file a petition for a writ of certiorari from July 24, 2018 to September 22, 2018, submitted to Justice Ginsburg.

Attorneys

Dale Artus
Malancha ChandaNew York County District Attorney's Office, Respondent
Earl Reyes
Earl Reyes — Petitioner