No. 20-7437

Frederico Ramsey v. United States

Lower Court: Tenth Circuit
Docketed: 2021-03-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: amendment amendment-of-claims certificate-of-appealability circuit-court-review due-process federal-civil-procedure habeas-corpus ineffective-assistance-of-counsel judicial-precedent mayle-v-felix
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-04-16
Question Presented (from Petition)

I.
WHETHER THE DISTRICT COURT AND THE TENTH CIRCUIT DECISIONS DIRECTLY CONFLICT WITH THE DECISION IN MAYLE V. FELIX, 545 U.S. 644,664, 125 S.Ct. 2562, 162 L.ED.2d 582 (2005), WHEN THE DISTRICT COURT ERRED IN DENYING PETITIONER THE OPPORTUNITY TO PROPERLY AMEND HIS BURRAGE V. UNITED STATES 571 U.S. 204, 134 S.Ct. 881, 887, 187 L.Ed.2d 715 (2014); AND THE PENAL DECISIONS DIRECTLY CONFLICT WITH THE DECISION IN MILLER-EL V. COCKRELL, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003), WHEN THE TENTH CIRCUIT FAILED TO ISSUE A CERTIFICATE OF APPEALABILITY WHERE THE RECORDS AND FILES SUPPORTED THE FACTS THAT THE DISTRICT COURT ERRED IN NOT PERMITTING HIM TO AMEND HIS BURRAGE CLAIM UNDER FED.CIV. P. 15(c)(1)(B)?

II.
WHETHER THE DISTRICT COURT AND THE TENTH CIRCUIT DECISIONS DIRECTLY CONFLICT WITH THE DECISIONS OF THIS COURT IN MAYLE V. FELIX, 545 U.S. 644, 664, 125 S.Ct. 2562, 162 L.Ed.2d 582 (2005), WHEN THE DISTRICT COURT ERRED IN DENYING PETITIONER THE OPPORTUNITY TO PROPERLY AMEND HIS LAFLER V. COOPER, 566 U.S. 156, 163, 132 S.Ct. 1376, 182 L.Ed.2d 398 (2012); AND THE PENAL DECISION DIRECTLY CONFLICT WITH THE DECISION IN MILLER-EL V. COCKRELL, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003), WHEN THE TENTH CIRCUIT FAILED TO ISSUE A CERTIFICATE OF APPEALABILITY WHERE THE RECORDS AND FILES SUPPORT THE FACTS THAT THE DISTRICT COURT ERRED IN NOT PERMITTING HIM TO AMEND HIS LAFLER CLAIM UNDER FED.R.CIV. P. 15(c)(1)(B)?

Question Presented (AI Summary)

Whether the district court and the tenth circuit decisions conflict with the decisions of this court in Mayle v. Felix, when the district court erred in denying petitioner the opportunity to properly amend his Burrage v. United States and the penal decisions directly conflict with the decision in Miller-El v. Cockrell, when the tenth circuit failed to issue a certificate of appealability

Docket Entries

2021-04-19
Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
2021-03-25
DISTRIBUTED for Conference of 4/16/2021.
2021-03-17
Waiver of right of respondent United States to respond filed.
2021-02-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 12, 2021)

Attorneys

Frederico Ramsey
Frederico Ramsey — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent