No. 20-8024

Lisa Biron v. United States

Lower Court: First Circuit
Docketed: 2021-05-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: non-promulgated procedural process 28-usc-2255 certificate-of-appealability due-process federal-appellate-rules federal-rules-of-appellate-procedure fifth-amendment fourteenth-amendment habeas-corpus procedural-due-process
Latest Conference: 2021-06-03
Question Presented (from Petition)

When there is ho requirement to file a notice of
appeal when applying for a certificate of appealability
("cot") from the circuitcourt and no process set -forth in
the Federal Code and Rules for secking this coA inorder
to appeal the denial of a motion under s22ss, is the
COA- seeker's fifth Amendment right to due process
violated when her coa-application is dismissed as
untimely for failure to follow a non-existent, non-promulgated procedural process?

Question Presented (AI Summary)

When there is no requirement to file a notice of appeal when applying for a certificate of appealability, is the COA seeker's Fifth Amendment right to due process violated when her COA application is dismissed as untimely for failure to follow a non-existent, non-promulgated procedural process?

Docket Entries

2021-06-07
Petition DENIED.
2021-05-19
DISTRIBUTED for Conference of 6/3/2021.
2021-05-17
Waiver of right of respondent United States to respond filed.
2021-04-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 14, 2021)

Attorneys

Lisa Biron
Lisa Biron — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent