No. 18-8881

Garry Coleman v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2019-04-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split civil-procedure civil-procedure-rule-52-rule-60 coa competency conclusions-of-law due-process federal-procedure findings-of-fact habeas-corpus rule-60b-motion
Key Terms:
HabeasCorpus
Latest Conference: 2019-06-06
Question Presented (from Petition)

CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE DISTRICT COURT FAILED TO PROVIDE ANY FINDINGS OF FACT SPECIALLY AND CONCLUSIONS OF LAW AS IS REQUIRED BY FED. R. CIV. P. 52(a)(1) IN ITS ORDERS OF DENIAL OF PETITIONER'S FED. R. CIV. P. 60(b) MOTION AND COA AND THE ELEVENTH CIRCUIT ERRED BY PROVIDING ITS OWN FINDINGS OF FACT AND CONCLUSIONS OF LAW IN ORDER TO DENY PETITIONER'S MOTION FOR COA IN CONFLICT WITH DECISIONS OF THE 5TH CIRCUIT, 9TH CIRCUIT, 10TH CIRCUIT

CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT AFFIRMED THE DENIAL OF PETITIONER'S FED. R. CIV. P. RULE 60(b) MOTION WHERE THE DISTRICT COURT FAILED TO ADDRESS PETITIONER'S SUBSTANTIVE COMPETENCY CLAIM IN COMPLIANCE WITH THE BINDING CIRCUIT PRECEDENTS ESTABLISHED IN ADAMS V WAIMVRIGH7 764 F.2D 1356, 1359 (11TH CIR. 1985); CLISBY V JONES, 960 F.2D 925, 938 (11TH CIR. 1992) DURING THE PROCEEDING OF PETITIONER'S PETITION UNDER 28 U.S.C. § 2254 FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY

Question Presented (AI Summary)

Whether the district court failed to provide findings of fact and conclusions of law as required by Fed. R. Civ. P. 52(a)(1) in denying petitioner's Fed. R. Civ. P. 60(b) motion and COA, and whether the Eleventh Circuit erred in providing its own findings and conclusions to deny the COA

Docket Entries

2019-08-23
Rehearing DENIED.
2019-08-01
DISTRIBUTED.
2019-06-25
Petition for Rehearing filed.
2019-06-10
Petition DENIED.
2019-05-22
DISTRIBUTED for Conference of 6/6/2019.
2019-05-17
Waiver of right of respondent Mark S. Inch, Secretary, Florida Department of Corrections, et al. to respond filed.
2019-04-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 17, 2019)

Attorneys

Garry Coleman
Garry Coleman — Petitioner
Mark S. Inch, Secretary, Florida Department of Corrections, et al.
Celia A. TerenzioOffice of the Attorney General, Respondent