Larry Flenoid v. United States
WHETHER THE SUPERVISORY POWERS OF THE UNITED STATES SUPREME COURT WILL BE ASSERTED TO CORRECT THE EIGHTH CIRCUIT COURT OF APPEALS SUMMARILY AFFIRMING THE DISTRICT COURT'S FINDING PETITIONER'S "INSTANT" PETITION "SOLELY" POINTING TO 'A PROCEDURAL IRREGULARITY IN THE §2255 PROCEEDING WAS A SECOND OR SUCCESSIVE ATTEMPT AT SEEKING RELIEF WHEN THE "INSTANT" PETITION PRESENTED TO THE COURT PURSUANT FEDERALRULES CIVIL PROCEDURE 60(b.)(4)- AUTHORIZE:AN• ATTACK ON A DEFECT IN TH. INTEGRITY. OF THE PROCEEDINGS WHEN THE DISTRICT COURT HAS ACTED IN A MANNER INCONSISTENT WITH DUE PROCESS UNDER THE FIFTH AMENDMENT BY REFUSING TO FILE AND CONSIDER PETITIONER'S TRAVERSE/REPLY BRIEF FOR BEING OVER-LENGTH BEFORE PASSING JUDGMENT!THEREBY DEPRIVING PETITIONER: OF HIS DUE PROCESS RIGHT TO NOTICE AN OPPORTUNITY TO BE HEARD AND TO RECIEVE A "FULL AND FAIR" SUBSTANTIVE REVIEW ON THE ENTIRE RECORD?
Whether the supervisory powers of the United States Supreme Court will be asserted to correct the Eighth Circuit Court of Appeals summarily affirming the district court's finding petitioner's 'instant' petition solely pointing to a procedural irregularity in the §2255 proceeding was a second or successive attempt at seeking relief