No. 20-191

Patrick Ronald Silva v. United States

Lower Court: Fourth Circuit
Docketed: 2020-08-19
Status: Denied
Type: Paid
Response Waived
Tags: 28-usc-2255 appellate-review certificate-of-appealability due-process fourth-circuit habeas-corpus miller-el-standard miller-el-v-cockrell
Latest Conference: 2020-09-29
Question Presented (from Petition)

I. Whether the Fourth Circuit's denial of Petitioner's request for a certificate of appealability pursuant to 28 U.S.C. § 2255 was unreasonable and conflicts with the standards for a certificate of appealability to issue as set forth in Miller-El v. Cockrell, 537 U.S. 322 (2003), thus depriving Mr. Silva of his right to obtain Habeas Corpus review?

Question Presented (AI Summary)

Whether the Fourth Circuit's denial of Petitioner's request for a certificate of appealability pursuant to 28 U.S.C. § 2255 was unreasonable and conflicts with the standards for a certificate of appealability to issue as set forth in Miller-El v. Cockrell, 537 U.S. 322 (2003), thus depriving Mr. Silva of his right to obtain Habeas Corpus review?

Docket Entries

2020-10-05
Petition DENIED.
2020-08-26
DISTRIBUTED for Conference of 9/29/2020.
2020-08-24
Waiver of right of respondent United States of America to respond filed.
2020-08-13
Petition for a writ of certiorari filed. (Response due September 18, 2020)

Attorneys

Patrick Silva
Randolph Marshall Lee Sr.Attorney at Law, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent