No. 24-5619

Francisco Tineo-Santos v. Lynn Lilley, Superintendent, Eastern Correctional Facility

Lower Court: Second Circuit
Docketed: 2024-09-24
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: certificate-of-appealability civil-procedure fourteenth-amendment habeas-corpus pro-se rule-60-motion
Latest Conference: 2024-12-13 (distributed 2 times)
Question Presented (from Petition)

Whether The DENIAL of a Pro Se Application for a Certificate of
Appealability ("COA ") with the United States Court of Appeals, Circuit
Courts, In Relation to Civil (Habeas Corpus) Proceedings, Constitutes
as a DENIAL, on its Merits, of an Appeal of the Civil Claims Relief, for
the Purpose of Removing the United States District Court 's Exclusive
Jurisdiction Over Subsequently, Timely and Comprehensively, Filed
Rules 60(a); 60(b)(1); 60(b)(3); 60(b)(6), and; 60(d), Federal Rules of
Civil Procedure For The United States District Courts ("Fed.R.Civ.P. "),
Pro Se Motion(s) Attacking the Integrity of the Civil (Habeas Corpus)
Proceedings In Seek To Cure Defects Appearing That Amounts to a
Miscarriage of Justice?

Whether the United States Court of Appeals For the Second Circuit
("2nd Cir.") Abused Its Discretion In First Sidestepping, Without
Jurisdiction to Review the Merits of the Appeals, To Take Full
Consideration of the Merits of the Appeals In Justifying the DENIAL
of the Pro Se COA Application?

Whether The United States District Court For the Southern District of
New York ("S.D.N.Y. ") Abused Its Discretion In Refusing To Review,
On Its Merits, The Timely and Comprehensively Filed Rule 60(a);
60(b)(1); 60(b)(3); 60(b)(6), and; 60(d), Fed.R.Civ.P., Attacking the
Integrity of the Original Writ of Habeas Corpus Proceeding In Seek of
Curing Appearing Defects that Amounts to a Miscarriage of Justice,
Violating the Fourteenth Amendment — On the Basis of "Lack of
Jurisdiction " Due to the a Previously Issued DENIAL, By The 2nd Cir.,
of the Pro Se COA Application to Appeal, On Its Merits, the Original
Writ of Habeas Corpus Claims Relief Denial?

Question Presented (AI Summary)

Whether the denial of a pro se Certificate of Appealability (COA) by the United States Court of Appeals constitutes a merits denial of civil habeas corpus claims, thereby preventing subsequent Rule 60 motions attacking the proceeding's integrity

Docket Entries

2024-12-16
Rehearing DENIED.
2024-11-26
DISTRIBUTED for Conference of 12/13/2024.
2024-11-04
Petition for Rehearing filed.
2024-10-21
Petition DENIED.
2024-10-03
DISTRIBUTED for Conference of 10/18/2024.
2024-09-30
Waiver of right of respondent Lynn Lilley to respond filed.
2024-07-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 24, 2024)

Attorneys

Francisco Tineo-Santos
Francisco Tineo-Santos — Petitioner
Lynn Lilley
David M. CohnBronx County District Attorney's Office, Respondent