Michael Patrick Kennedy v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
HabeasCorpus
Question No. one:
The United States Court of Appeals for the Fifth Circuit has entered a
decision involving denial of a Constitutional Right which is in conflict with
the decisions of the Supreme Court of The United States and other United States
Court of Appeals and this Court should resolve the conflict.
Question No. two:
The United States Court of Appeals for the Fifth Circuit has entered a
decision involving successive petitions which is in conflict with the Supreme
Court of the United States and other Federal United States Court of Appeals
and this Court should resolve the conflict.
Question No. three:
The United States Court of Appeals for the Fifth Circuit has entered a
decision so far departed from the accepted and usual course of Cudicial pro
ceedings as to call for an exercise of this Court's supervisory power.
This Court should decide whether the Fifth Circuit Court of Appeals
holding that a dismissal without prejudice is in fact, as in Petitioner's
a dismissal with prejudice which calls for a notice of appeal to be
filed in an ongoing litigation rather than allowing an amended filing to
proceed .t
case ,
Whether a dismissal without prejudice is in fact a dismissal with prejudice