No. 22-6268

David Miller, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2022-12-09
Status: Denied
Type: IFP
IFP
Tags: certificate-of-appealability due-process equitable-tolling habeas-corpus mental-illness statute-of-limitations
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2023-04-14
Question Presented (from Petition)

1. Did the Eleventh Circuit depart from the accepted and usual course of judicial proceedings and deny Miller his due process rights under the Fifth and Fourteenth Amendments when it denied a certificate of appealability on alternative procedural grounds not considered by the district court when the district court prevented Miller from developing a factual record regarding the alternative grounds?

2. Did the Eleventh Circuit depart from the accepted and usual course of judicial proceedings and deny Miller his due process rights under the Fifth and Fourteenth Amendments when it did not address Miller's claim in his request for a certificate of appealability that the district court erred when it refused to conduct an evidentiary hearing on Miller's allegations that he suffered from severe mental illness during the period his 28 U.S.C. § 2254 petition was due to be filed and that that mental illness prevented him from effectively communicating with counsel and from timely filing his petition?

Question Presented (AI Summary)

Whether the Eleventh Circuit denied the petitioner due process by denying a certificate of appealability on alternative procedural grounds not considered by the district court

Docket Entries

2023-04-17
Petition DENIED.
2023-03-30
DISTRIBUTED for Conference of 4/14/2023.
2023-03-23
Reply of petitioner David Miller, Jr. filed.
2023-03-10
Brief of respondents Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. in opposition filed.
2023-02-09
Motion to extend the time to file a response is granted and the time is further extended to and including March 10, 2023.
2023-02-08
Motion to extend the time to file a response from February 8, 2023 to March 10, 2023, submitted to The Clerk.
2023-01-09
Motion to extend the time to file a response is granted and the time is extended to and including February 8, 2023.
2023-01-06
Motion to extend the time to file a response from January 9, 2023 to February 8, 2023, submitted to The Clerk.
2022-12-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 9, 2023)
2022-09-22
Application (22A257) granted by Justice Thomas extending the time to file until December 7, 2022.
2022-09-20
Application (22A257) to extend the time to file a petition for a writ of certiorari from November 7, 2022 to January 6, 2023, submitted to Justice Thomas.

Attorneys

David Miller, Jr.
Gregory W BrownFederal Public Defender Middle District of Florida, Petitioner
State of Florida
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent