No. 24-6010

Carlos Cantizano v. United States

Lower Court: Ninth Circuit
Docketed: 2024-11-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appointed-counsel briefing-schedule court-of-appeals due-process legal-procedure motion-denial
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2025-01-10
Question Presented (from Petition)

May "the Court of Appeals } after approving a noilce of appeal } u)itbdrauJ
the briefing schedule on Abe basis that X revested appointment of Counsel
to assist mein presentingmy claim? Thereby > Abe. court became aoJare that
e\/en Ahouyb X had a legitimate (eyal issue X u)as not able of presenting
the problem by myself, in immediacy . XVius> the^ court bullied me uJitb an
order to shouo cause, UHimateiy , denied nry request to reinstate my appeal
and. Aten Affirmed Abe district courts decision that Contained an impermissible
ruling. All done in violation of Abe riaVt of doe process *

Xt Abe district Court erroneously recharacterized a parties Role 33 (bVf)
neoa trial motion * Ahat was Submitted under Criminal Role 37 during Abe direct
appeal > as a motion Abe collateral relief under title § 2755, thus > prevented a.
timely assertion cf Abe motion before Abe Court <f Appeals affirmed Abe conviction.
If Abe date Abat Abe initial motion Was submitted equitably toll^ ibe time fof
revieu) regardless AW Abe Rule 37 motion was filed after Abe direct appeal )
doe An Abe district courts own improper action Abat Caused Abe filing delay.
May Abe Court refuse to correct their own , intentional 5 clerical error ?

And is tbe district courts interpretation cf federal Rules of Criminal froceduie
Statute of limitations not Subject to reVvCto tbroUyb a Second appeal ?

Question Presented (AI Summary)

May the Court of Appeals withdraw the briefing schedule after approving a notice of appeal and deny a request for appointed counsel, thereby violating due process rights?

Docket Entries

2025-01-13
Petition DENIED.
2024-12-05
DISTRIBUTED for Conference of 1/10/2025.
2024-11-29
Waiver of right of respondent United States to respond filed.
2024-07-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 23, 2024)

Attorneys

Carlos Cantizano
Carlos Cantizano — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent