No. 18-7841

Adekunle Olufemi Adetiloye v. United States

Lower Court: Eighth Circuit
Docketed: 2019-02-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2253 appellate-procedure appellate-review certificate-of-appealability district-court-files due-process habeas-corpus legal-standard standard-of-review substantial-showing-standard threshold-inquiry
Latest Conference: 2019-03-15
Question Presented (from Petition)

I. Whether a court of appeals can deny a certificate of appealablity without conducting the prerequisite 28 U.S.0 2253(c)(2) threshold inquiry, two component and substantial showing standard analysis.

II. Whether a court of appeals can deny a certificate of appealability based only on full consideration and merit review of the factual or legal basis contained in the district court's files.

Question Presented (AI Summary)

Whether a court of appeals can deny a certificate of appealablity without conducting the prerequisite 28 U.S.C 2253(c)(2) threshold inquiry, two-component and substantial showing standard analysis

Docket Entries

2019-03-18
Petition DENIED.
2019-02-28
DISTRIBUTED for Conference of 3/15/2019.
2019-02-19
Waiver of right of respondent United States to respond filed.
2018-10-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2019)
2018-09-12
Application (18A263) granted by Justice Gorsuch extending the time to file until November 11, 2018.
2018-08-22
Application (18A263) to extend the time to file a petition for a writ of certiorari from September 12, 2018 to November 11, 2018, submitted to Justice Gorsuch.

Attorneys

Adekunle Olufemi Adetiloya
Adekunle Olufemi Adetiloye — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent