No. 21-7604

Antonio U. Akel v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-04-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appeal certificate-of-appealability civil-rights constitutional-rights due-process eleventh-circuit federal-rules-of-civil-procedure habeas habeas-corpus procedural-access standing
Latest Conference: 2022-06-02
Question Presented (from Petition)

WHETHER THE ELEVENTH CIRCUIT COURT OF APPEALS APPROACH AND PRACTICE WHEN THE CERTIFICATE OF APPEAL AND ITS DOCKET CONTENT ARE SIGNIFICANTLY OUT OF STEP WITH RECENT SUPREME COURT LAW, RAISING DUE PROCESS AND ACCESS TO THE COURT CONCERNS, WHERE EMPIRICAL DATA AND RECENT STATISTICS DEMONSTRATE THAT NON-CAPITAL PRISONERS IN OTHER CIRCUITS ARE 61% MORE LIKELY TO GET A CERTIFICATE OF APPEAL VERSUS THAT NON-CAPITAL PRISONERS IN THE ELEVENTH CIRCUIT?

WHETHER THE ELEVENTH CIRCUIT COURT OF APPEALS COMMITTED ERROR IN DENYING THE MOVANT A "CERTIFICATE TO APPEAL" THE DENIAL OF HIS FED. R. CIV. P. 60 MOTION TO REOPEN WHERE *.

WHETHER PETITIONER'S COUNSEL FAILED TO PROVIDE EFFECTIVE ASSISTANCE OF COUNSEL IN A CAPITAL CASE, FAILING TO PROPERLY INVESTIGATE FOURTH AMENDMENT CLAIMS, HIS FAILURE TO GIVE COUNSEL NOTICE, INCOMPETENT PERFORMANCE AFFIDAVITS NOT ATTACHED FOR THE SEARCH WARRANT COUNSEL WITH HIS FAILURE TO RECTIFY THE ASSISTANCE AND PRESENT FURTHER EVIDENCE FILING ON APPEAL UPON FRANKS HEARING WERE IN VIOLATION OF HIS SIXTH AMENDMENT.

WHETHER THE DISTRICT COURTS LACK JURISDICTION FOR TRANSITIVE COURTS RULE 60(B) MOTION A STATING COURT FOR COURT *.

WHETHER PETITIONER'S INDIRECT ANSWER OF COURT-LAST BOND COMPLEX CROSS ISSUE *.

WHETHER THE PETITIONER'S PREPARED PRESENTING OBJECTIONS CONCERNING COURTS BELOW, UPON MOTION FOR CERTIFICATE TO APPEAL, DOES PETITIONER HAVE EQUAL PROTECTION AND EQUAL ACCESS TO THE COURT TO PROVIDE *.

WHETHER THE PETITIONER PREPARED PRESENTING COURTS BELOW UPON MOTION FOR CERTIFICATE TO APPEAL, DOES PETITIONER HAVE EQUAL PROTECTION OF A BILL OF CLASSES ISSUE *.

WHETHER THE PETITIONER'S PREPARED PRESENTING COURTS BELOW UPON MOTION FOR CERTIFICATE TO APPEAL, DOES PETITIONER HAVE EQUAL PROTECTION ISSUE *.

WHETHER THE PETITIONER PREPARED PRESENTING OBJECTIONS CONCERNING COURTS BELOW UPON MOTION FOR CERTIFICATE TO APPEAL, DOES PETITIONER HAVE PROCEDURAL DEFECT IN THE LOWER COURT OR SENTENCE PROCEDURAL DEFECT IN THE LOWER COURT OR SENTENCE PROCEDURAL RULE LOWER COURT SEPARATE THAT AS A FACTUAL MATTER 28 U.S.L. *.

Question Presented (AI Summary)

Whether the Eleventh Circuit Court of Appeals approach and practice in the Certificate of Appealability (COA) context are significantly out of step with binding Supreme Court law, raising due-process, access-to-court

Docket Entries

2022-06-06
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam). Justice Kagan took no part in the consideration or decision of this motion and this petition.
2022-05-18
DISTRIBUTED for Conference of 6/2/2022.
2022-05-12
Waiver of right of respondent United States to respond filed.
2022-03-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 12, 2022)

Attorneys

Antonio Akel
Antonio Akel — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent