No. 20-8420

Jimmie O'Neal v. Jay Christensen

Lower Court: Ninth Circuit
Docketed: 2021-06-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability civil-rights covid-19 covid-19-delay district-court-merits due-process federal-courts habeas-corpus judicial-discretion ninth-circuit procedural-timeliness standing
Latest Conference: 2021-09-27
Question Presented (from Petition)

A/. IN THIS CASE OF PETITIONERS PETITION FOR WRIT OF CERTIORARI,
PETITIONER REQUEST REVIEW OF THE NINTH CIRCUIT COURT OF APPEALS
DECISION THAT DENIED HIS REQUEST FOR CERTIFICATE OF APPEALABILITY THAT WAS BASED ON NOT BEING TIMELY FILED BECAUSE OF
JUST CRICUMSTANCES OF COVID-1 9 VIRUS, AND NOT THE MERITS OF
PETITIONERS PETITION.

B/. PETITIONER REQUEST THIS COURT TO REVIEW THE REASON'S WHY HE
WAS UNABLE TO FILE MOTION FOR EXTENSION OF TIME AS THE RESULT
OF. THE ALMOST TWO YEAR SPREAD AND DEATHS AT'IDOC FROM COVID-1 9.

C/. UNDER THE HARSH ACTIONS THAT WERE TAKEN AGAINST COVID-1 9 MANY
INMATES IN THE 9th Cir., SUCH AS THIS PETITIONER SUFFERED EXTREME
HURDLES OF DELAY, UNDER THESE MORE THAN RARE CIRCUMSTNACE THAT
HAVE NEVER BEEN BEFORE INSERTED TO THIS COURT IS IT NOT OF A
NATIONAL IMPORTANCE .TO BETTER SERVE THE INSTEREST OF JUSTICE TO
ALL IN OUR GREAT NATION THAT WE ALL STRIVE TO LEAR THE MERITS OF
THE CASE BEFORE DISMISSING THE CASE THAT WAS NOT FOUND TO BE
FRIVOLOUS IN OUR FEDERAL STATE DISTRICT COURTS, AND SHOULD NOT
FOR THOSE THAT SOUGHT (COA'S) IN THE (9th Cir. Court of Appeals)
HAVE THEIR (COA) DECIDED ON THE MERITS OF THE CASE. THE QUESTION
. LIKE A STIMULUS SHOULD NOT IT BE ADMISSIBLE FOR CASE TO BE DECIDED
ON THE MERITS INSTEAD OF USING THE AGITATION THAT IT WAS WAS NOT
.TIMELY.FILED AS A PROVEN RESULT OF COVID-1 9. THIS ISSUE EMBODIES
ALL INMATES OF THE NINTH CIRCUIT AND SHOULD APPLY TO THOSE CASES
WHERE THE MERITS OF THE CASE WERE NOT FOUND FRIVOLOUS BY STATE
FEDERAL DISTRICT COURTS.

Question Presented (AI Summary)

Whether the Ninth Circuit Court of Appeals erred in denying a certificate of appealability based solely on the untimely filing of the petition due to the COVID-19 pandemic, without considering the merits of the case

Docket Entries

2021-10-04
Petition DENIED.
2021-07-29
DISTRIBUTED for Conference of 9/27/2021.
2021-07-22
Waiver of right of respondent Jay Christensen to respond filed.
2021-06-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 26, 2021)

Attorneys

Jay Christensen
Kale Dylan GansOffice of the Attorney General for the State of Idaho, Respondent
Jimmie O'Neal
Jimmie O'Neal — Petitioner