No. 22-5189

Haider Salah Abdulrazzak v. Brent Fluke, Warden, et al.

Lower Court: Eighth Circuit
Docketed: 2022-07-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability due-process federal-civil-procedure federal-habeas-proceedings habeas-corpus judicial-bias judicial-discretion procedural-default rule-60b-motion
Latest Conference: 2022-09-28
Question Presented (from Petition)

(1) Whether the district court abused its discretion when it denied Abdulrazzak's
motion to reopen (alter or amend) final judgment under Fed. R. Civ. P. 60(b),
only reasoning the finality of the previous judgment.

(2) If the presiding judge's unfitness qualifies as the sort of "defect in the integrity of
the federal habeas proceeding", where the records reflect evidence that the district
judge patterns of ignorance and repeated judicial errors, about the laws controlling
procedural defaulted claims, Petitioner was entitled to new district judge.

Question Presented (AI Summary)

whether-the-district-court-abused-its-discretion-in-denying-rule-60(b)-motion

Docket Entries

2022-10-03
Petition DENIED.
2022-08-04
DISTRIBUTED for Conference of 9/28/2022.
2022-08-01
Waiver of right of respondent Brent Fluke, Warden, et al. to respond filed.
2022-07-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 25, 2022)
2022-05-23
Application (21A737) granted by Justice Kavanaugh extending the time to file until July 23, 2022.
2022-05-10
Application (21A737) to extend the time to file a petition for a writ of certiorari from May 24, 2022 to July 23, 2022, submitted to Justice Kavanaugh.

Attorneys

Brent Fluke, Warden, et al.
Matthew William TemplarSouth Dakota Office of the Attorney General, Respondent
Haider S. Abdulrazzak
Haider Salah Abdulrazzak — Petitioner