No. 19-8674

Rolando Gus Paez v. Mark S. Inch, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2020-06-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: adversarial-system civil-procedure dismissal-rule due-process federal-procedure federalism federalism-doctrine habeas-corpus section-2254 statutory-interpretation
Key Terms:
HabeasCorpus Securities
Latest Conference: 2020-09-29
Question Presented (from Petition)

Does Rule 4 of the rules governing Section 2254 cases in the United States District Court, which provides that "[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court, the judge must dismiss the petition and direct th e clerk to notify the petitioner[,]" violate the federalism doctrine and/or the adversarial system?

Question Presented (AI Summary)

Does Rule 4 of the rules governing Section 2254 cases in the United States District Court violate the federalism doctrine and/or the adversarial system?

Docket Entries

2020-10-05
Petition DENIED.
2020-06-25
DISTRIBUTED for Conference of 9/29/2020.
2020-06-18
Waiver of right of respondent Mark S. Inch, Secretary, Florida Department of Corrections to respond filed.
2020-05-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 13, 2020)

Attorneys

Mark S. Inch, Secretary, Florida Department of Corrections
Celia A. Terenzio — Respondent
Rolando Gus Paez
Joseph A. DiRuzzo IIIDiRuzzo & Company, Petitioner