No. 23-5637

Daniel Lee Reed v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2023-09-22
Status: Denied
Type: IFP
IFP
Tags: aedpa aedpa-standard certificate-of-appealability constitutional-challenge constitutional-rights fifth-circuit-review habeas-corpus rule-60(b) rule-60b successive-petition successive-petitions
Latest Conference: 2023-11-17
Question Presented (from Petition)

Question #1:
Did the fifth Circuit err by denying a COA for failure to properly consider the F.R.C.P.60(b)(6)under the framework in which successive petions are mandated to be reviewed/ but instead relied upon and erroneous application of 2253(c)?

Question #2:
Is it proper for the Fith Circuit to deny COA under the 2253 framework concerning the necessity of a "substantial showing of the denial of a constitutional right...", when the COA is being- sought for the expressed purpose of challenging a district court's dismissal of a Rule 60(b)(6) as a subsequent writ based its erroneous ruling that Petitioner was circumventing the AEDPA successive bar by trying to relitigate the 'time bar dismissal of his previous constitutional challenges?

Question #3:
Does the Fifth Circuit's denial of COA represent a direct conflict with the Court's jurisprudence in Gonzalez V Crosby;,when it is very clear that theeonly thing challenged in the 60(b) motion was a defect in the federal time bar proceedings, that if corrected, would allow equitable adjudication of the Sixth Amendment violations sed?rai!

Question Presented (AI Summary)

Did the Fifth Circuit err in denying a COA for failure to properly consider the framework in which successive petitions are mandated to be reviewed

Docket Entries

2023-11-20
Petition DENIED.
2023-11-02
DISTRIBUTED for Conference of 11/17/2023.
2023-08-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 23, 2023)

Attorneys

Daniel Lee Reed
Daniel Reed — Petitioner