No. 18-7243

Javier Rojas-Cisneros v. United States

Lower Court: Fifth Circuit
Docketed: 2019-01-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeals civil-procedure civil-rights criminal-procedure due-process habeas-corpus notice-and-warning pro-se standing
Latest Conference: 2019-02-15
Question Presented (from Petition)

DID THE U.S. COURT OF APPEALS FOR THE FIFTH CIRCUIT IMPROPERLY
SIDESTEPPED THE DISTRICT COURT'S SUA SPONTE INDICATIVE RULING
ORDER ACKNOWLEDGING ITS MISTAKE AND WILLIWGNESS TO CORRECT
ITS ERROR BY PAYING LIPSERVICE TO THE NOTICE-AND-WARNING.
REQUIREMENT MANDATED BY THIS COURT'S PRECEDENT AND
JUSTIFHWG ITS DENIALOFA COA BASED ON ITS MISUWDERSTANDING OF PETITIQNER'S ACTUAL COURT SUPERVISION AND
UNTIMELWESS?

DOES A DISMISSAL OFA SA2SS MOTION AS SUCCESSIVE
REQUIRES A CERTIFICATE OF APPEALABILITY UNDER SJ53C)
FROM THE COURT OF APPEALS WHEN THE DKSMISSAL WAS FOR
LACK OF JURISDICTION?

DOES THE ONE-YEAR REQUIREMENT TO FILE A SD25S MOTION
APPLIES TO A LATER SJ255 MOTION THAT WAS FILEO AFTERWARDS
DUE TO THE DISTRICT COURT'S FAILURE TO GIVE CASTRO WARNINGS
BEFORE THE ONE YEAR REQUIREMENT EXPIREDD?

Question Presented (AI Summary)

Whether the U.S. Court of Appeals for the Fifth Circuit failed to undertake the notice-and-warning requirement of a pro se filing as a 2255 motion as mandated by this Court's precedent

Docket Entries

2019-02-19
Petition DENIED.
2019-01-17
DISTRIBUTED for Conference of 2/15/2019.
2019-01-11
Waiver of right of respondent United States to respond filed.
2018-12-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 6, 2019)

Attorneys

Javier Rojas-Cisneros
Javier Rojas-Cisneros — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent