No. 22-7713

Javier Giovanni Araujo v. United States

Lower Court: Fifth Circuit
Docketed: 2023-06-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure certificate-of-appealability constitutional-right constitutional-rights due-process federal-custody fifth-circuit habeas-corpus judicial-discretion section-2255-motion
Key Terms:
HabeasCorpus
Latest Conference: 2023-09-26
Question Presented (from Petition)

Whether the Fifth Circuit Erred in Denying Araujo's Motion for Certificate of Appealability ("COA") Because He Did Reprise His Grounds from His Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody ("§ 2255") and He Has Made a Substantial Showing of the Denial of a Constitutional Right Because Jurists of Reason Could Disagree with the District Court's and Appellate Court's Resolution of His Constitutional Claims or Jurists Could Conclude the Issues Presented Are Adequate to Deserve Encouragement to Proceed Further.

Question Presented (AI Summary)

Whether the Fifth Circuit Erred in Denying Araujo's Motion for Certificate of Appealability

Docket Entries

2023-10-02
Petition DENIED.
2023-06-15
DISTRIBUTED for Conference of 9/26/2023.
2023-06-12
Waiver of right of respondent United States to respond filed.
2023-04-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 5, 2023)

Attorneys

Javier Giovanni Araujo
Javier Giovanni Araujo — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent