No. 21-7837

Cedric D. Burns v. United States

Lower Court: Fifth Circuit
Docketed: 2022-05-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal-process buck-v-davis certificate-of-appealability civil-procedure due-process extension-of-time fifth-circuit judicial-procedure motion-for-rehearing standing
Latest Conference: 2022-06-02
Question Presented (from Petition)

1) Did the panel of the Fifth Circuit err by deciding
the merit of an appeal not properly before the court
to justify the denial of a certificate of appeal-
ability.

2) Has the Supreme Court of the United States overturned
its own precedent in Buck v. Davis, 137 S.Ct. 759(2017);
Where the Supreme Court held that the Fifth Circuit
exceeded the limited scope of the COA analysis.

3) Did the Fifth Circuit err by denying Mr. Burns first
Request for an Extension of time to file his Motion
for Rehearing for 30 days.

Question Presented (AI Summary)

Did the panel of the Fifth Circuit err by deciding the merit of an appeal not properly before the court

Docket Entries

2022-06-06
Petition DENIED.
2022-05-18
DISTRIBUTED for Conference of 6/2/2022.
2022-05-16
Waiver of right of respondent United States to respond filed.
2022-05-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2022)

Attorneys

Cedric D. Burns
Cedric D. Burns — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent