No. 18-6393

Omar Qazi v. Janice Killian, Warden, et al.

Lower Court: Ninth Circuit
Docketed: 2018-10-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2241 28-usc-2243 certificate-of-appealability civil-procedure district-court due-process federal-statute habeas-corpus judicial-procedure petition-dismissal standing
Latest Conference: 2018-11-30
Question Presented (from Petition)

(1) Does 28 U.S.C. § 2243, authorize the District Court to dismiss a 2241 Petition for "failure to state a claim for which relief may be granted."?; (2) Does the 2241 Petition state a claim for which relief may be granted?; (3) Was the District Court required to address the arguments raised in the 2241 Petition?; (4) Did the District Court improperly order the certificate of appealability to be denied?; (5) Were the filings in the Ninth Circuit by Appellant (Notice of Appeal and Response to the Ninth Circuit's Order to Show Cause) equivalent to the filing of an Opening Brief on Appeal?; (6) Are the questions raised in the "Appeal" insubstantial?; and (7) Did the Ninth Circuit erroneously order a Summary Affirmance without Respondents filing a Motion for Summary Affirmance?

Question Presented (AI Summary)

Does 28 U.S.C. § 2243 authorize dismissal of a 2241 petition for failure to state a claim?

Docket Entries

2018-12-03
Petition DENIED.
2018-11-14
DISTRIBUTED for Conference of 11/30/2018.
2018-11-06
Waiver of right of respondent Janice Killian, Warden, et al. to respond filed.
2018-10-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 21, 2018)

Attorneys

Janice Killian, Warden, et al.
Noel J. FranciscoSolicitor General, Respondent
Omar Qazi
Omar Qazi — Petitioner