No. 22-6291

Jimmy R. Davis v. United States

Lower Court: Fifth Circuit
Docketed: 2022-12-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights due-process equitable-tolling extraordinary-circumstances habeas statute-of-limitations
Key Terms:
Immigration
Latest Conference: 2023-01-20
Question Presented (from Petition)

I. Whether it is inconsistent with Slack v. McDaniel, 539 U.S. 413 (2008) for a Court of Appeals to have declined to issue Certificate of Appealability on a colorable claim of first impression concerning whether a district court's denial of equitable tolling of a habeas petitioner's statute of limitations when he has demonstrated prima facie extraordinary circumstances is in tension with Holland v. Florida, 560 U.S. 631 (2010) and several district and circuit court decisions that have decided similar claims affirmatively?

II. Whether courts of appeals lack jurisdiction over an appeal in Rule 4(a)(4) motion where a prose appellant does not file a separate or amended notice of appeal following the denial of his motion, but instead proceeds under the presumption that a pre-decision notice of appeal filed before a decision on the Rule 4(a)(4) motion is deemed presents combined issues for cert?

Question Presented (AI Summary)

Whether courts erred in declining to issue a certificate of appealability on a favorable claim of first impression concerning whether a district court's denial of equitable tolling of a habeas petitioner's statute of limitations who has demonstrated prima facie extraordinary circumstances is in tension with Holland v. Florida, 560 U.S. 631 (2010) and several district and circuit court decisions that have decided similar claims adversely

Docket Entries

2023-01-23
Petition DENIED.
2023-01-05
DISTRIBUTED for Conference of 1/20/2023.
2022-12-30
Waiver of right of respondent United States to respond filed.
2022-12-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 12, 2023)

Attorneys

Jimmy Ray Davis
Jimmy Ray Davis — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent