No. 24-5641

In Re Nawaz Ahmed

Lower Court: N/A
Docketed: 2024-09-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-jurisdiction federal-rules-civil-procedure habeas-corpus lack-of-finality voluntary-dismissal writ-of-prohibition
Latest Conference: 2025-02-21
Question Presented (from Petition)

Is Writ of Prohibition available to prohibit the. Court of Appeals lacking Appellate Jurisdiction to exceed its jurisdiction to proceed in appeal case 21-3542 by CO A on some claim when district court Orders (Ecf.156,194) lack finality due to failure to adjudicate Nineteen claims in First Petition (Doc. 35) and fifty claims in state-court record judiciable under Fed. R. Civ. P. 15(b)(2) as cited in (Ecf 177 filed 12/22/20), PageID#l 1012-110113) at para 3 and 30 and explicitly listed again in ECF.Doc.196. filed on June 03.2021 titled, "Amended Notice of Appeal and Motion Seeking Remand due to lack of Finality " filed in First Appeal case 20-4153, wrongly dismissed by court, must be reinstated, and mischiefs of misconstruction be prevented by writ of prohibition due to Lack of Jurisdiction per, Collins v. Miller. 252 U.S. 364. 365. 370 119201 : Porter v, Zook. 803 F.3d 694. 695. 697, 699 (4th Cir. 20151 and FHCPP, §35.1. Final orders.,n,13.

Did Court of appeals erroneously deny Petitioner 's Unopposed Fed. R. App. P. 42(b(2) Motions for Voluntary Dismissal of unauthorized-Second appeal case 21-3542 that Court of Appeals must Reinstate appeal case 21-4153 (Ecf. 164,1 96)filed on June 03.2021 titled. "Amended Notice of Appeal and Motion Seeking Remand due to lack of Finality " to adjudicate all claims before single appeal from final Orders.

Is Writ of Prohibition to enforce Petitioner-Appellant 's exclusive right "NOT TO TAKE the Second, Duplicate APPEAL " in case 21-3542, from non-final Orders, (Ecf.156.194L may not be over-ridden by counsels and Appeal Court by Court 's erroneous dismissing First appeal case 20-4153 (Ecf. 164.196) filed on June 03.2021 titled. "Amended Notice of Appeal and Motion Seeking Remand due to lack of Finality to adjudicate all habeas claims in Petition(Ecf.35) and in state court record judiciable under Fed. R. Civ. P. 15(W21 when "unopposed Fed. R. App. P. 42(b(2) Motions for Voluntary dismissal of unauthorized, duplicate case 21-3542 " was sought but erroneously denied, in lack of jurisdiction, to avoid Remand back to district court whose Opinion(Ecf.l56,194) failed to specifically rule upon all claims in Petition (DOC.35),Traverse(Doc.71), R&R (Doc.88), Timely Objected in (DOC. 105,supplementary Objections Doc.#147 andl90).

Can Court of Appeals avoid duty to determine first the "lack of finality of appealed judgment " (Ecf. 156,194), explicitly listed in ECF.Doc.196. filed on June 03.2021 titled. "

Question Presented (AI Summary)

Whether a writ of prohibition is available to challenge an appellate court's jurisdiction when district court orders lack finality due to unadjudicated claims

Docket Entries

2025-02-24
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of mandamus and/or prohibition is dismissed. See Rule 39.8.
2025-01-16
DISTRIBUTED for Conference of 2/21/2025.
2024-12-27
Waiver of Tim Shoop, Warden of right to respond submitted.
2024-12-27
Supplemental response filed by respondent Tim Shoop, Warden.
2024-12-27
Waiver of right of respondent Bill Cool, Warden to respond filed. (Docket entry corrected February 6, 2025)
2024-10-31
Motion to extend the time to file a response is granted and the time is further extended to and including December 27, 2024.
2024-10-30
Motion to extend the time to file a response from November 27, 2024 to December 27, 2024, submitted to The Clerk.
2024-10-09
Motion to extend the time to file a response is granted and the time is extended to and including November 27, 2024.
2024-10-08
Motion of Tim Shoop, Warden for an extension of time submitted.
2024-10-08
Motion to extend the time to file a response from October 28, 2024 to November 27, 2024, submitted to The Clerk.
2024-09-16
Petition for a writ of mandamus and/or prohibition and motion for leave to proceed in forma pauperis filed. (Response due October 28, 2024)

Attorneys

In Re Nawaz Ahmed
Nawaz Ahmed — Petitioner
Tim Shoop, Warden
Michael Jason HendershotOhio Attorney General's Office, Respondent