No. 22-5490

Nicholas Wukoson v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-09-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 11th-circuit appeals certificate-of-appealability civil-procedure clisby-v-jones davis-v-us federal-civil-procedure judicial-procedure plain-error plain-error-review remand
Latest Conference: 2022-10-07
Question Presented (from Petition)

Question 1
Whether it is acceptable for the U.S. Circuit Court of
Appeals in the 11th Circuit to depart from its accepted and usual
course of judicial proceedings of both granting a Certificate of
Appealability for and then remanding all unaddressed claims back
This precedent rule was to the district court to address,
established in Clisby v. Jones, 960 F.2d 925, 936 (11th Cir. 1992)
and accepted countless times since, even by the same judge, but
not in this case.

Question 2
Whether it is acceptable for the U.S. Circuit Court of
Appeals in the 11th Circuit to refuse to review unpreserved claims
of factual error under the plain error test, as per Federal Rule
of Civil Procedure 52(b) and this court's ruling in Davis v. U.S.,
140 S.Ct. 1060, 1061 (2020). See also U.S. v. Zinn , 321 F.3d
1084, 1087 (11th Cir. 2003).

Question Presented (AI Summary)

Whether the U.S. Circuit Court of Appeals in the 11th Circuit departed from its accepted and usual course of judicial proceedings

Docket Entries

2022-10-11
Petition DENIED.
2022-09-15
DISTRIBUTED for Conference of 10/7/2022.
2022-09-09
Waiver of right of respondent United States to respond filed.
2022-06-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 3, 2022)

Attorneys

Nicholas Wukoson
Nicholas Wukoson — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent