No. 21-5623

Felix Roberts v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2021-09-09
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: appellate-procedure civil-procedure due-process en-banc-review judicial-discretion motion-for-reconsideration motion-for-rehearing procedural-timeline recusal rehearing time-limits
Latest Conference: 2022-02-18 (distributed 2 times)
Question Presented (from Petition)

Of the Fifth Circuit Court of Ho. On Hay 3, 2021, Judge.James C.
Petitioner didn't know until May 10, 2021;Appeals, denied Petitioner COA
, Petitioner had 15th days after May 10, 2021 and not May 3, 2021.Therefore
Once Petitioner received his "legal mail" on May 10, 2021. Petitioner
and Motion for Reconsideration which may i
due date which was no fault of Petitioner
2021, which shouldfiled a Motion for Oral Argument
have being 15 days from May 10, 2021.to the Fifth Circuit Court pass
if the court given Petitioner 15th days from May 3
letter from the cour (aOn June 18, 2021, Petitioner received a
member of the panel previously denied Petitioner's COA), but the whole
Motion for Reconsideration. Petitioner then,panel denied Petitioner's
filed a Motion for Rehearing and Motion for Rehearing En Banc on June
2021 (that only 9 days after), then On July 1, 2021, Petitioner27,
filed a Motion for Recusal of Appellate Judges.
On July 2, 2021, the Fifth Circuit informed Petitioner, that, his
for Rehearing and En Banc Reconsideration, that, the time for
filing a Petition for Rehearing has expired.Motion
told Petitioner that they are taking
for Recusal of Appellate Judge's ruling be-On July 7, 2021, the court
no action for the Motion
the case is closed. cause

Question Presented (AI Summary)

Whether the petitioner was denied due process by the Fifth Circuit Court of Appeals in its handling of the petitioner's appeal

Docket Entries

2022-02-22
Rehearing DENIED.
2022-01-12
DISTRIBUTED for Conference of 2/18/2022.
2021-12-01
Petition for Rehearing filed.
2021-11-15
Petition DENIED.
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-08-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 12, 2021)

Attorneys

Felix Roberts
Felix Roberts — Petitioner