No. 18-9169

Andre McDaniels v. United States

Lower Court: Fifth Circuit
Docketed: 2019-05-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 2255 6th-amendment appeal appeals certificate-of-appealability civil-rights court-reporter due-process fifth-amendment judicial-review jurisdiction pro-se-litigant sixth-amendment standing transcripts
Latest Conference: 2019-06-06
Question Presented (from Petition)

I. Does a Pro-Se Petitioner forfeit his right to the protection
of the Constitution when he is granted a C.0O.A. on the merits of his
case, then not given the opportunity to have the merits of his case
heard, that involve serious 5th Amendment violation of Due Process
and 6th Amendment violation of Assistance of Counsel, when his timely
appeal of his 2255 °&59 (e) was reduced by the Court to only one
issue of the 59 (e), when it is clear through a very diligent effort |
that the Petitioner intend to appeal his entire case?

II. If a Federal District Court Judge instructs the Court Reporter
to order a copy of the Court transcripts, for the purpose of evidence
in any future proceeding, are these transcripts sufficent as :

; ~ "Independent + INDICIA" since they are a sworn copy from a reliable
' third party which is the Court Reporter and Officer of the Court?

III. Does the Court Of Appeals have jurisdiction to rule on the ~
merits of a case, when an appellant files a motion to reconsider
under rule 59(e) and is denied on the merits by the District Court

, given a C.0O.A. by the Court Of Appeals on those merits, to then be
: denied an appellaté review for want of jurisdiction and 'het the
merits?

Question Presented (AI Summary)

Does a pro-se petitioner forfeit his constitutional rights when denied opportunity to have merits heard?

Docket Entries

2019-06-10
Petition DENIED.
2019-05-22
DISTRIBUTED for Conference of 6/6/2019.
2019-05-16
Waiver of right of respondent United States to respond filed.
2019-03-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2019)

Attorneys

Andre McDaniels
Andre McDaniels — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent