No. 21-79

Jonathon Herrera v. United States

Lower Court: Fifth Circuit
Docketed: 2021-07-21
Status: Denied
Type: Paid
Response Waived
Tags: certificate-of-appealability circuit-court-review civil-procedure due-process equitable-tolling habeas-corpus post-conviction-relief rule-60(b) rule-60b section-2255
Key Terms:
HabeasCorpus
Latest Conference: 2021-09-27
Question Presented (from Petition)

Whether the Fifth Circuit improperly decided Petitioner's Motion for a Certificate of Appealability on the merits of his § 2255 petition rather than engaging in the proper threshold inquiry set by this Court's precedent, and whether reasonable jurists could debate whether Petitioner made the necessary showing to reopen his § 2255 motion by way of his Rule 60(b) motion, warranting a Certificate of Appealability.

Question Presented (AI Summary)

Whether the Fifth Circuit improperly decided a motion for a certificate of appealability on the merits of a § 2255 petition rather than engaging in the proper threshold inquiry

Docket Entries

2021-10-04
Petition DENIED.
2021-07-28
DISTRIBUTED for Conference of 9/27/2021.
2021-07-23
Waiver of right of respondent United States of America to respond filed.
2021-07-12
Petition for a writ of certiorari filed. (Response due August 20, 2021)

Attorneys

Jonathon Herrera
Patrick Allen MullinThe Law Offices of Patrick A. Mullin, Petitioner
United States of America
Brian H. FletcherActing Solicitor General, Respondent