No. 21-7262

Bartholomew Antonio Guzman v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2022-03-03
Status: Denied
Type: IFP
IFP
Tags: buck-v-davis certificate-of-appealability constitutional-rights due-process federal-habeas-proceeding federal-jurisdiction habeas-corpus rule-60(b)
Latest Conference: 2022-04-29
Question Presented (from Petition)

Davis / 1: Whether this Court's decision in Buck v. QUESTION No.
137 S.Ct. 759 (2017) foreclosed the Petitioner's argument that
a COA is not required to appeal the denial of a Rule 60(b) Motion
that called into question a defect in the integrity of a federal
habeas proceeding and not the complaint of detention that arose
of the process issued by the State court?

2: Did the Panel of the Court of Appeals for the QUESTION No.Fifth Circuit err by deciding the merits of an appeal not properly
before the court to justify the denial of a Certificate of
Appealability?

3: Whether a criminal defendant is deprived of his QUESTION No.constitutional rights to Due Process under the 14TH Amendment
to the United States Constitution when a federal tribunal fails
to consider and address a habeas petitioner's claim as presented
and argued?

QUESTION No. 4: Can a federal court acquire jurisdiction over
a federal habeas corpus proceeding under Title 28 U.S.C
2254 and adjudicate the merits of the habeas claims while those
claims are still being considered and pending in the State habeas
court .

Question Presented (AI Summary)

Whether a COA is required to appeal the denial of a Rule 60(b) Motion

Docket Entries

2022-05-02
Petition DENIED.
2022-04-14
DISTRIBUTED for Conference of 4/29/2022.
2021-11-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 4, 2022)

Attorneys

Bartholomew Antonio Guzman
Bartholomew Antonio Guzman — Petitioner