No. 18-7261

Keith Stuart Cumbee v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-01-07
Status: Denied
Type: IFP
IFP
Tags: abuse-of-discretion appeal appealability appellate-jurisdiction civil-procedure fraud-on-the-court habeas habeas-corpus judicial-discretion jurisdiction merits motion-to-reconsider procedural-error rule-60(b)
Latest Conference: 2019-03-15
Question Presented (from Petition)

Since denial of the prejudgment Rule 60(b) motion in habeas did not address merits of attorney dishonesty (fraud-on-the--court) did lower court clearly err abusing discretion, dismissing appeal as premature/no jurisdiction, without addressing merits nor if Rule 60(b) is limited to federal judgments, whether denial is separately appealable, whether COA or permission to appeal is required and should issue?

Question Presented (AI Summary)

Whether the lower court clearly erred in abusing its discretion by dismissing the appeal as premature/no jurisdiction without addressing the merits of the Rule 60(b) motion alleging attorney dishonesty (fraud-on-the-court), and whether a denial of a Rule 60(b) motion is separately appealable and requires a COA or permission to appeal

Docket Entries

2019-03-18
Petition DENIED.
2019-02-21
DISTRIBUTED for Conference of 3/15/2019.
2018-08-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 6, 2019)

Attorneys

Keith Stuart Cumbee
Keith Stuart Cumbee — Petitioner