No. 21-5113

Michael Anthony Almendarez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2021-07-16
Status: Denied
Type: IFP
IFP
Tags: article-vi constitutional-interpretation court-records due-process federal-habeas-corpus federal-jurisdiction habeas-corpus judicial-jurisdiction judicial-misconduct procedural-due-process state-court-records united-states-constitution
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (from Petition)

Is a judge categorically in excess of jurisdiction to enter an order if said judge refuses to obey the interplay between Article VI, cl. 2 of the United States Constitution and 28 U.S.C., § 2254 (F), which requires that, before ruling on the merits, the judge must order the State to produce the actual court records (after the sufficiency of their summaries were challenged as fraudulent and specific gaps pointed to)?

Question Presented (AI Summary)

Is a judge categorically in excess of jurisdiction to enter an order if said judge refuses to obey the interplay between Article VI, cl. 2 of the United States Constitution and 28 U.S.C., § 2254 (F), which requires that, before ruling on the merits, the judge must order the State to produce the actual court records (after the sufficiency of their summaries were challenged as fraudulent and specific gaps pointed to)

Docket Entries

2021-10-04
Petition DENIED.
2021-08-26
DISTRIBUTED for Conference of 9/27/2021.
2021-04-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 16, 2021)

Attorneys

Michael Anthony Almendarez
Michael Anthony Almendarez — Petitioner