No. 18-8935

Scott B. Miserendino, Sr. v. United States

Lower Court: Fourth Circuit
Docketed: 2019-04-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law bribery-conviction buck-v-davis certificate-of-appealability civil-procedure civil-rights due-process federal-jurisdiction mcdonnell-v-united-states official-act question-not-identified section-2255-petition standing takings
Key Terms:
HabeasCorpus
Latest Conference: 2019-05-23
Question Presented (from Petition)

Does the Fourth Circuit's Local Rule 34(b) and Preliminary Briefing Order, which require COA applicants to file a brief that will become the merits-brief if a COA is issued, contradict this Court's holding in Buck and demand a too-high standard of COA applicants?

Does the McDonnell decision exclude the specific conduct Petitioner Miserendino agreed he committed and thereby invalidate his bribery conviction, and how could any reasonable jurist not disagree with the District Court's resolution of the constitutional issue?

Question Presented (AI Summary)

Whether the lower court erred in dismissing petitioner's claims for lack of standing and failure to state a claim upon which relief can be granted

Docket Entries

2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-05-02
Waiver of right of respondent United States to respond filed.
2019-04-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 23, 2019)

Attorneys

Scott B. Miserendino
Scott Brian Miserendino — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent