No. 21-5479
Francisco Almanza-Garcia v. Rick Coursey, Superintendent, Eastern Oregon Correctional Institution
Tags: aedpa antiterrorism-and-effective-death-penalty-act federal-courts federal-habeas-corpus habeas-corpus jurisdiction jurisdictional-motion post-conviction-relief procedural-timeliness state-post-conviction-review statutory-interpretation
Latest Conference:
2021-09-27
Question Presented (from Petition)
Does the plain meaning of "properly filed" in 28 U.S.C. § 2244(d) include a timely filed motion for the determination of the state appellate court's jurisdiction to review the lower court's post-conviction denial?
Question Presented (AI Summary)
Does the plain meaning of 'properly filed' in 28 U.S.C. § 2244(d) include a timely filed motion for the determination of the state appellate court's jurisdiction to review the lower court's post-conviction denial?
Docket Entries
2021-10-04
Petition DENIED.
2021-09-02
DISTRIBUTED for Conference of 9/27/2021.
2021-08-27
Waiver of right of respondent Rick Coursey to respond filed.
2021-08-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 24, 2021)
Attorneys
Francisco Almanza-Garcia
Stephen Reese Sady — Oregon Federal Public Defender, Petitioner
Rick Coursey
Benjamin Noah Gutman — Oregon Department of Justice, Respondent