No. 18-8882

Kevin L. Donaldson v. United States

Lower Court: Second Circuit
Docketed: 2019-04-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 access-to-courts certificate-of-appealability civil-rights clerk-of-court clerk-of-court-error district-court-procedure due-process first-amendment government-liability standing
Latest Conference: 2019-05-23
Question Presented (from Petition)

Did the Second Circuit Court of Appeals abuse its discretion when it denied the Petitioner a Certificate of Appealability?

Did the Clerk of the U.S. District Court "practice law" when the Clerk chose to arbitrarily not scan approximately of the instant Petitioner's initial Motion pursuant to 28 U.S.C. §2255 thereby denying the Petitioner the Right to be heard on the merits of the claims the Petitioner timely raised?

Did the U.S. District Court committ reversàble error when it denied the Petitioner the Right to ensure that all of his properly submitted arguments be heard when the Clerk was responsible for omitting the remaining arguments properly raised?

Was the Clerk of Court's error (intentional or otherwise) in NOT filing, the Petiti oner's entirR brief as submitted a violation of the Petitioner's First Amendment Right to Access to the Courts?

Are the actions/inactions of .the Clerk "chargeable" against the Government in its duty to protect the Rights of the unfnrtiinats?

Question Presented (AI Summary)

Did the Second Circuit Court of Appeals abuse its discretion when it denied the Petitioner a Certificate of Appealability?

Docket Entries

2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-04-30
Waiver of right of respondent United States to respond filed.
2019-04-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 20, 2019)

Attorneys

Kevin L. Donaldson
Kevin L. Donaldson — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent