No. 22-5703

Charles Michael Ledford v. United States

Lower Court: Fourth Circuit
Docketed: 2022-09-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability civil-rights due-process federal-rules-of-civil-procedure fourth-circuit habeas-corpus pro-se statute-of-limitations summary-dismissal
Latest Conference: 2022-10-28
Question Presented (from Petition)

Whether it is inconsistent with this Court's Slack v. McDaniel 824 U.S. 473 (2008) standard for a court of appeals to decline to issue a certificate of appealability to examine whether a district court violates a habeas corpus Fifth Amendment right to a full and fair opportunity to exercise 28 U.S.C. § 2609805 by failing to give a pro se movant an appropriate to amend a poorly pleaded forum motion pursuant to Fed. R.App.P. 15 before summarily dismissing the motion with prejudice merely six days after it was filed and only three (3) months into the case (Pvr) stub & jurisdiction.

Question Presented (AI Summary)

Whether it is inconsistent with this Court's Slack v. McDaniel 524 U.S. 473 (2002) standard for a Court of Appeals to decline to issue a Certificate of Appealability to examine whether a district Court violates a Habeas Petitioner's 5th Amendment right to a full and fair opportunity to exercise 28 U.S.C. § 2255 claims by failing to give a pro se movant an opportunity to amend a poorly pleaded § 2255 motion pursuant to Fed. R. Civ. P. 15 before summarily dismissing the motion with prejudice merely six days after it was filed and only three (3) months into the § 2255(f) statute of limitations

Docket Entries

2022-10-31
Petition DENIED.
2022-10-06
DISTRIBUTED for Conference of 10/28/2022.
2022-10-04
Waiver of right of respondent United States to respond filed.
2022-09-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 28, 2022)

Attorneys

Charles Ledford
Charles Michael Ledford — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent