No. 18-6584

Larry Flenoid v. United States

Lower Court: Eighth Circuit
Docketed: 2018-11-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure due-process eighth-circuit eighth-circuit-court-of-appeals federal-rules-of-civil-procedure fifth-amendment habeas-corpus procedural-irregularity second-or-successive section-2255 supervisory-powers
Latest Conference: 2018-12-07
Question Presented (from Petition)

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?

Question Presented (AI Summary)

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

Docket Entries

2018-12-10
Petition DENIED.
2018-11-21
DISTRIBUTED for Conference of 12/7/2018.
2018-11-14
Waiver of right of respondent United States to respond filed.
2018-08-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 6, 2018)

Attorneys

Larry Flenoid
Larry Flenoid — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent