No. 20-6287

In Re Antonio Akel

Lower Court: N/A
Docketed: 2020-11-12
Status: Dismissed
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability civil-rights constitutional-claim due-process exhaustion-of-remedies federal-court-review habeas-corpus mandamus procedural-default
Key Terms:
FourthAmendment DueProcess HabeasCorpus CriminalProcedure Securities JusticiabilityDoctri
Latest Conference: 2021-01-08
Question Presented (from Petition)

WHETHER:
FROM REACHING THE SHOWIING NECESSARY TO OBTAIN THE REGULAR APPEAL PROCESS, SIMPLY BECAUSE:
(A). Where a Habeas Petitioners predicates, merits, Evidence and Factuel development of their
Canstitutional Claic Submitted For 28u.s.cSdass Belief have never been miade Part of the.
Record and Essentially Suppressed From view it is Impassible For him tomake the Straightforward
"Substantial Showing Of The Denial of a ConstitutionalRight" Codified within 28uscsaa 53 (). BuTSE
SLACK vMCDANIEL Sa9 us 473 atY8y (Clarifying the COA"Standard under $aas3ce) For habeas Petitioners
denied on Procedural grounds without the court reaching the undertying constitutional claim).
(B). During the last Decade (ioyears) the Eleventh Circuit Court ofAppeals, over threehuadred and
Forty three (343) Times, to include towards the instant Mandamus Petitionerhas alleged that SLAck
Sagusatu78 States
"…
must show that reasonable jurists 'would find
To merit a certificale of appealability.petitioners
debatable both (1) the merits of an uinderlying claim, and (2) the procedural issues that he seeks
to raise. See 28 U.S.C. 2253(c)(2): Slack v. McDaniel. 529.U:S. 473. 478, 120 S. Ct. 1595,
1600-01, 146 L. Ed. 2d 542 (2000). See APpENDIX"E"
When ClEarly SLACK SAUSaTY78 hAS NO MENTiON UPON" THE MERETS OFAN UNDERLYING CLAIM:

Question Presented (AI Summary)

Whether the United States and a pattern of utilizing an erroneous certificate of appealability is the only appropriate remedy, where petitioners have never had the benefit of a merits review by any court due to an incorrect procedure

Docket Entries

2021-01-11
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of mandamus is dismissed. See Rule 39.8. Justice Kagan took no part in the consideration or decision of this motion and this petition.
2020-12-03
DISTRIBUTED for Conference of 1/8/2021.
2020-11-30
Waiver of right of respondent United States to respond filed.
2020-10-15
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due December 14, 2020)

Attorneys

In Re Antonio Akel
Antonio Akel — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent