No. 23-7308

Marvin Holmes v. Mark Miller, Superintendent, Green Haven Correctional Facility

Lower Court: Second Circuit
Docketed: 2024-04-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability constitutional-rights court-of-appeals district-court due-process federal-law habeas-corpus
Latest Conference: 2024-05-23
Question Presented (from Petition)

1. Did the Court of Appeals violate Appellant's Constitutional right to Due Process by not
issuing a Certificate of Appealability?

2. Did the District Court violate Appellant's Constitutional right to Due Process by failing
to grant a hearing for reconsideration or rehearing en banc?

3. Was the District Court decision to adopt the Report & Recommendation contrary to
well settled Federal Law that violated Appellant's Constitutional right to Due Process?

4. Was the District Court confronted with substantial Constitutional violations in
Appellant's Petition for Writ of Habeas Corpus, and;

5. If so, did the District Court violate Appellant's right to Due Process by finding that
there were no substantial Constitutional Claims made therein?

Question Presented (AI Summary)

Did the Court of Appeals violate Appellant's Constitutional right to Due Process by not issuing a Certificate of Appealability?

Docket Entries

2024-05-28
Petition DENIED.
2024-05-08
DISTRIBUTED for Conference of 5/23/2024.
2024-05-01
Waiver of right of respondent Mark Miller to respond filed.
2024-03-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 28, 2024)

Attorneys

Mark Miller
Stephen Joseph KressNew York County District Attorney's Office, Respondent
Marvin Holmes
Marvin Holmes — Petitioner