No. 22-6296

Martin A. Lewis v. Gary Miniard, Warden

Lower Court: Sixth Circuit
Docketed: 2022-12-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: castro-claim civil-procedure due-process exhaustion-doctrine federal-rule-civil-procedure-60 habeas-corpus ineffective-assistance rose-v-lundy rule-60 strickland-v-washington united-states-v-castro
Latest Conference: 2023-02-17
Question Presented (from Petition)

(1) Whether Petitioner Lewis habeas petition should be re-opened where Petitioner was denied Due Process of Law contrary to United States v. Castro, 540 U.S. 375 (2003), because Petitioner was not placed on notice of the consequences of deleting unexhausted claims, and (2) the United States District Court Judge erred in deciding exhaustion on one of Petitioner's ineffective assistance of counsel claims contrary to Strickland v. Washington, 466 U.S. 668 (1984).

Does the time limitation of Federal Rule Civil Procedure 60(c)(1), preclude relief from judgment under Rule 60(b)(6), where a Castro claim is involved in the responsive pleadings on exhaustion grounds?

Can a conditional statement be considered a waiver of Due Process of Notice, where Rosa v. Lundy, 455 U.S. 509 (1982), and United States v. Castro, 540 U.S. 375 (2003), require Due Process of Notice?

Question Presented (AI Summary)

Whether Petitioner Lewis' habaas petition should be re-opened

Docket Entries

2023-02-21
Petition DENIED.
2023-01-30
Waiver of right of respondent Gary Miniard, Warden to respond filed.
2023-01-26
DISTRIBUTED for Conference of 2/17/2023.
2022-12-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 13, 2023)

Attorneys

Gary Miniard, Warden
Ann Maurine ShermanMichigan Department of Attorney General, Respondent
Martin Lewis
Martin A. Lewis — Petitioner