No. 18-7236
Dwayne Stoutamire v. Christopher La Rose, Warden
Response WaivedRelisted (2)IFP
Tags: alternative-grounds appellate-review certificate-of-appealability civil-procedure clear-error-of-findings-of-fact district-court-discretion federal-civil-procedure federal-civil-rule-60(b) federal-civil-rule-60(d) federal-rules-of-civil-procedure findings-of-fact habeas-corpus rule-60
Latest Conference:
2019-05-09
(distributed 2 times)
Question Presented (from Petition)
Do a Habeas Corpus petitioner need to obtain a Certificate of Appealability(COA) from the denial of a federal civil rule 60(b) and (d)?
Can the Court of Appeals rely on alternative grounds to dismiss a COA which is different then what the district court relied on?
Did the District Court and the Court of Appeals rely on clear error of findings of fact?
Question Presented (AI Summary)
Do a Habeas Corpus petitioner need to obtain a Certificate of Appealability(COA) from the denial of a federal civil rule 60(b) and (d)?
Docket Entries
2019-05-13
Rehearing DENIED.
2019-04-23
DISTRIBUTED for Conference of 5/9/2019.
2019-03-13
Petition for Rehearing filed.
2019-02-19
Petition DENIED.
2019-01-31
DISTRIBUTED for Conference of 2/15/2019.
2019-01-22
Waiver of right of respondent Christopher La Rose to respond filed.
2018-12-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 6, 2019)
Attorneys
Christopher La Rose
Michael Jason Hendershot — Ohio Attorney General's Office, Respondent
Dwayne Stoutamire
Dwayne Stoutamire — Petitioner