No. 22-5750
Salvador Diaz v. United States
Response WaivedRelisted (2)IFP
Tags: 28-usc-2255 5th-amendment certificate-of-appealability constitutional-rights due-process habeas-corpus second-circuit section-2255 standard-of-review
Key Terms:
DueProcess HabeasCorpus
DueProcess HabeasCorpus
Latest Conference:
2022-12-09
(distributed 2 times)
Question Presented (from Petition)
Where the COA determination under § 2253(c) requires an overview of the claims in the habeas petition and a general assessment of their merits, did the court of appeals err when it denied Petitioner's COA application by merely reciting the requirements for granting a COA under § 2253(c)(2) that a substantial showing of a denial of a constitutional right be demonstrated?
Did the Second Circuit frivolous reviews of Petitioner's submissions violate the Due Process Clause of the Fifth amendment?
Question Presented (AI Summary)
Did the court of appeals err in denying petitioner's COA application?
Docket Entries
2022-12-12
Rehearing DENIED.
2022-11-22
DISTRIBUTED for Conference of 12/9/2022.
2022-11-10
Petition for Rehearing filed.
2022-10-31
Petition DENIED.
2022-10-13
DISTRIBUTED for Conference of 10/28/2022.
2022-10-06
Waiver of right of respondent United States to respond filed.
2022-09-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 3, 2022)
Attorneys
Salvador Diaz
Salvador Diaz — Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent