No. 22-6119

Jaques Fearence v. Brenda M. Cash, Warden

Lower Court: Ninth Circuit
Docketed: 2022-11-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion attorney-abandonment civil-procedure civil-rights constitutional-standard due-process federal-review habeas-corpus standing state-court-decision
Key Terms:
HabeasCorpus
Latest Conference: 2023-01-20
Question Presented (from Petition)

1) Whether the Court of Appeals erred in its application of the constitutional standard for the denial of a motion for reconsideration based on the petitioner's failure to file the motion without an attorney and abandonment, and whether the Court of Appeals properly applied the constitutional standard for attorney abandonment.

2) Whether the Court of Appeals erred in its application of the constitutional standard for attorney abandonment.

3) Whether the test of reason and conclude that the petitioner's state a valid claim of a constitutional violation under 42 U.S.C. § 1983, and whether a motion based on the state notes of reason could be decided by treasure claim of the territorial.

Question Presented (AI Summary)

Whether the U.S. District Court abused its discretion by denying the Rule 60(b)(6) motion based on the unreasonable application of the constitutional standard for attorney abandonment

Docket Entries

2023-01-23
Petition DENIED
2023-01-23
Petition DENIED.
2023-01-20
Waiver of right of respondent Brenda M. Cash, Warden to respond filed.
2023-01-05
DISTRIBUTED for Conference of 1/20/2023.
2022-11-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 21, 2022)

Attorneys

Brenda M. Cash, Warden
Rama Ronald MalineState of CA-Dept. of Justice, Office of AG, Respondent
Jaques Fearence
Jaques Omar Fearence — Petitioner