No. 22-6939

Francisco Flores v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2023-03-06
Status: Denied
Type: IFP
IFP
Tags: appellate-procedure circuit-court constitutional-rights due-process effective-assistance-of-counsel federal-appeals federal-review habeas-corpus mailbox-rule procedural-default
Latest Conference: 2023-05-11
Question Presented (from Petition)

Can a Clerk of a federal appellate court refuse to file a pleading by a State habeas petitioner seeking a Panel Rehearing from the denial of an application seeking a certificate of appealability as untimely when the plading was tendered for filing was timely filed when placed in prison official^ hand^ for mailing and filing with the Clerk of a federal appellate court?

Whether a State federal habeas corpus petitioner is deprived of the opprotunity to be heard and have judicial findings made by a United States District Court upon a claim for federal habeas corpus relief as presented to the State court and district court when the district court declines to consider and address the claim for federal habeasccorpus relief as presented and argued?

Does the difference accorded to a State court determination that a federal claim is procedurally defaulted be teviewed by a federal court if the habeas petitioner satisfies the requirement of Title 28 U.S.C., Section 2254(d)(2)?

Whether the Court of Appeals for the Fifth Circuit should have issued a Certificate of Appealability from the district court's determination that the Petitioner was not deprived of his constitutional rights to effective assistance of counsel as assured under the 6TH Amendment to the United States Constitution?

Question Presented (AI Summary)

Whether a state habeas petitioner's pleading was timely filed under the mailbox rule

Docket Entries

2023-05-15
Petition DENIED.
2023-04-20
DISTRIBUTED for Conference of 5/11/2023.
2022-11-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 5, 2023)

Attorneys

Francisco Flores
Francisco Flores — Petitioner