No. 20-5696

Dan Grandberry v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2020-09-15
Status: Denied
Type: IFP
IFP
Tags: civil-procedure forfeiture-rule habeas-corpus judicial-notice limitations-period procedural-waiver state-court subject-matter-jurisdiction
Key Terms:
HabeasCorpus
Latest Conference: 2020-11-13
Question Presented (from Petition)

(a) Would the ordinary Forfeiture rule, as codified in the Civil Rules, apply to the limitations period of the 28 U.S.C. § 2254?

(b) Would a § 2244(d)(1) timeliness issue raised by an appellant on State habeas corpus that had been ceased to be alleged, or was "intelligently waived," by the State Court, be forfeited on federal habeas corpus?

(c) Would a Federal District Court lack subject-matter jurisdiction, while keeping with the governing rules of Civil Procedure, to take judicial or authoritative notice of a Habeas Rule 5(c) reply by the State raising the forfeited limitations defense for the first time, and, when afforded the opportunity, it did not develop below?

(d) Then, would a Federal Court without subject-matter jurisdiction, abuse its discretion by issuing an order denying a federal habeas petition, in part as time barred based on a forfeited limitations defense, and would that order be void?

Question Presented (AI Summary)

Whether the ordinary forfeiture rule, as codified in the Federal Rules of Civil Procedure, applies to the limitations period of 28 U.S.C. § 2254(a)

Docket Entries

2020-11-16
Petition DENIED.
2020-10-29
DISTRIBUTED for Conference of 11/13/2020.
2020-06-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2020)

Attorneys

Dan Grandberry
Dan Grandberry — Petitioner