No. 19-7742

Derrick Lamark Lewis, Sr. v. Walter Berry, Warden

Lower Court: Eleventh Circuit
Docketed: 2020-02-24
Status: Denied
Type: IFP
IFP
Tags: civil-rights due-process exhaustion federal-courts federal-remedies habeas judicial-procedure judicial-review legal-error standing state-court-proceedings state-courts
Key Terms:
DueProcess FourthAmendment HabeasCorpus
Latest Conference: 2020-04-24
Question Presented (from Petition)

What remedies are available for Petetioner when the State Courts habeas proceedings are erroneous and contrary to the laws of dustice?

How is it possible for the federal courts to require petitioner to exhaust his fslate remedies and be subject a to the provisions thereof but then rule that he is untimely filing hys Federal petition within one- year of said by exhaustion?

Section 2254 of the Rules Governing Cases, what judgment is to be given when a respondent fails to comply with Rules 5(b) and (ci)? What relief is available to the petitioner being injored thereby?

What judent is to be givn when a party fails to answer a Claim (i.e. Fed. R. Civ. P. 8lb)6)? What relief would a party moving for default judgment be entitled to? How could Respondent not be in default concerning Retitioner's Claim of a 14th Amendment violation

How can a court deny a pelition on procedural grounds, and also deny the certificate of appealability based on a meritorious standard that concerns "Whether the petition States a valid claim?.

what is the purpose for a court to take judicial notice? How do the parties know when judicial notice has been taken? What is the remedy when a court refuses to take judicial notke?

when the circomstances invoke Fed. R. App. P. Rule Ha (, what effect does a court nol issuing an order pursuant thereto have upon the proceedings? Is a party prejuticed, n harmed, or deceived of no such order is issued? What relief is warranted?

If it is good doctrinal law, how can il be said that Petfoner did not exercise de diligence and toll his time untl March 17, 2016?

If a district court accepts and dockets a petition, how can the merits of the petition be igrored "pleadings must be Constued to do justice $ )

Is a moton for Summary judgmen allowed in a habeas proceeding?

Can this court exercise its authority to vacate and void Petiters CovitionSotece, ganting him nmedial rekef?

Question Presented (AI Summary)

What remedies are available when the state court's habeas proceedings are erroneous and contrary to the laws of justice?

Docket Entries

2020-04-27
Petition DENIED.
2020-04-09
DISTRIBUTED for Conference of 4/24/2020.
2019-12-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2020)

Attorneys

Derrick Lewis
Derrick Lamark Lewis — Petitioner