No. 21-7058

Adam Pelletier v. Harold W. Clarke, Director, Virginia Department of Corrections

Lower Court: Fourth Circuit
Docketed: 2022-02-04
Status: Denied
Type: IFP
IFP
Tags: appeals appellate-jurisdiction civil-procedure fraud-upon-the-court gonzalez-v-crosby habeas-corpus jurisdiction motion-to-reconsider rule-60(b)(3) state-court-dismissal
Key Terms:
HabeasCorpus
Latest Conference: 2022-04-01
Question Presented (from Petition)

1.) Whether Petitioner's claim prosecutorial fraud upon the court is a Rule 60(b)(3) claim of fraud upon the court?

2) The U.S. District Court ruled Petitioner's Rule 60(b)(3) "Fraud Upon The Court" Motion, under Gonzalez v. Crosby, 545 U.S. 524 (2005), was to be construed as a Habeas. Did the Dist. Court misuse Gonzalez and did the U.S. Court of Appeals for the Fourth Circuit of VA. affirm the ruling?

3) Does the AEDPA form a bar to "Fraud Upon The Court" claims that originated in the state, with a 28 years gap?

4) Petitioner first filed the 60(b)(3) Motion to the court where the "Fraud Upon The Court" occurred. The original court found the Motion frivolous. The VA. Supreme Court have both dismissed the claim. Should the U.S. Dist. Court have Appellate jurisdiction after the state has dismissed a claim of "Fraud Upon The Court" by affirming the Dist. Court's error?

Question Presented (AI Summary)

Is Petitioner's claim of prosecutorial 'Fraud Upon The Court' a valid claim under Rule 60(b)(3)?

Docket Entries

2022-04-04
Petition DENIED.
2022-03-17
DISTRIBUTED for Conference of 4/1/2022.
2021-12-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 7, 2022)

Attorneys

Adam Pelletier
Adam Pelletier — Petitioner