| 24-6478 |
Michael Stapleton v. United States |
Eleventh Circuit |
2025-02-05 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights due-process ineffective-assistance-of-counsel rule-60b-motion section-2255 |
1) Where the District Court denied Movant's 2255 petition on procedural grounds, did the Court of Appeals violate Movant's rights to Due Process and t… |
| 24-5364 |
Jose Rojas-Meliton v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-08-22 |
Denied |
IFP |
attorney-abandonment fifth-circuit-review habeas-corpus jurisdictional-motion maples-v-thomas rule-60b-motion |
1. Within his Rule 4(a) motion to reopen the appeal, Petitioner argued for the
Court to construe his untimely pro se notice of appeal as a motion to … |
| 23A228 |
Susan Chana Lask, aka Susan Lusk, aka Susan Lesk v. Margaret Rhee-Karn |
Second Circuit |
2023-09-11 |
Presumed Complete |
|
administrative-closure appellate-jurisdiction circuit-court-jurisdiction final-judgment finality-requirement rule-60b-motion |
Question not identified. |
| 23A59 |
Ken Ejimofor Ezeah v. United States |
Tenth Circuit |
2023-07-21 |
Presumed Complete |
|
28-usc-2255 anti-terrorism-act certificate-of-appealability ineffective-assistance-of-counsel rule-60b-motion successive-habeas-petition |
Question not identified. |
| 23A38 |
Joseph Gamboa v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-07-17 |
Presumed Complete |
|
AEDPA-statute-of-limitations attorney-abandonment capital-punishment habeas-corpus ineffective-assistance-of-counsel rule-60b-motion |
Whether a Rule 60(b) motion alleging abandonment by counsel can, at least in some instances, attack a defect in the integrity of the habeas proceeding… |
| 22-7737 |
Stewart Hines v. Gwendolen Cleopha Nelson |
South Dakota |
2023-06-08 |
Denied |
Response WaivedIFP |
appellate-procedure beneficiary-standing civil-procedure pro-se pro-se-litigation real-party-in-interest rule-60b-motion standing trust-beneficiary trust-representation trust-trustee trustee-rights |
1. Whether the sole beneficiary and sole trustee of a trust is the real party interest and can represent that trust pro se?
2. Whether the sole benef… |
| 22-5647 |
Jose Antonio Guerrero-Yanez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-09-22 |
Denied |
IFP |
28-usc-2253 appeal certificate-of-appealability civil-rights due-process fifth-amendment fifth-circuit first-amendment rule-60b-motion standing |
(1) Did the United States Court of Appeals for the Fifth Circuit misapply 28 U.S.C. §2253 by requiring Petitioner to be granted a Certificate of Appea… |
| 22-5407 |
In Re James R. Austin |
|
2022-08-19 |
Denied |
IFP |
appellate-jurisdiction civil-rights due-process federal-courts habeas-corpus judicial-precedent miscarriage-of-justice procedural-mechanism rule-60b-motion standing supreme-court supreme-court-holding |
1. WHETHER THE HIGH COURT'S HOLDING IN GONZALEZ VS. CROSBY, 545 U.S. 524,528,125 S.Ct. 2641,162 L.Ed.2d 480 (2005) CONTROLS AND IS MANDATED TO BE FOLL… |
| 22-5291 |
Barton Ray Gaines v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-08-04 |
Denied |
IFP |
civil-procedure constitutional-rights due-process federal-courts habeas-corpus judicial-review reasonable-jurists recusal rule-60b-motion standard-of-review substantial-showing |
Whether GAINES made "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). And whether reasonable jurists could deba… |
| 22-5189 |
Haider Salah Abdulrazzak v. Brent Fluke, Warden, et al. |
Eighth Circuit |
2022-07-26 |
Denied |
Response WaivedIFP |
certificate-of-appealability due-process federal-civil-procedure federal-habeas-proceedings habeas-corpus judicial-bias judicial-discretion procedural-default rule-60b-motion |
(1) Whether the district court abused its discretion when it denied Abdulrazzak's
motion to reopen (alter or amend) final judgment under Fed. R. Civ. … |
| 21-5895 |
In Re David Angel Sifuentes |
|
2021-10-05 |
Denied |
IFP |
appellate-procedure banister-v-davis case-precedent constitutional-provisions judicial-review mandamus mandamus-petition rule-21 rule-60(b) rule-60b-motion sixth-circuit-jurisdiction |
I. Is Sixth Circuit required to docket Petitioner 's Wirt of Mandamus filed around August
10, 2021 and the Rules of Appellate Produce Rule 21 require… |
| 20-7269 |
Antonio U. Akel v. United States |
Eleventh Circuit |
2021-02-26 |
Dismissed |
Response WaivedIFP |
appellate-procedure certificate-of-appealability civil-rights constitutional-rights due-process federal-jurisdiction final-judgment habeas-corpus rule-60b-motion standing |
Question not identified. |
| 19-7283 |
Fairly W. Earls v. Susan Novak, Warden |
Seventh Circuit |
2020-01-14 |
Denied |
Response WaivedIFP |
certificate-of-appealability circuit-split civil-procedure double-jeopardy due-process federal-rules-of-civil-procedure fifth-amendment newly-discovered-evidence rule-60(b) rule-60b-motion |
Fairly Earls case raises a pressing issue of National Importance: Whether and to what extent did the United States Court of Appeals for the Seventh Ci… |
| 19-7253 |
Fabrizio DeFrancisci v. United States |
Second Circuit |
2020-01-10 |
Denied |
Response WaivedIFP |
appeals certificate-of-appealability criminal-procedure criminal-procedure-rule-60(b)(6) due-process post-conviction-relief rule-60b-motion second-circuit sentencing sentencing-guidelines ussg |
I. WAS THE DISTRICT COURT AND APPEALS COURT WRONG TO DENY
THE RULE 60(b) MOTION AND CERTIFICATE OF APPEALABILITY,
REPSECTIVELY, WHEN THIS COURT HAS … |
| 18-8881 |
Garry Coleman v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-04-17 |
Denied |
Response WaivedIFP |
circuit-split civil-procedure civil-procedure-rule-52-rule-60 coa competency conclusions-of-law due-process federal-procedure findings-of-fact habeas-corpus rule-60b-motion |
CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE DISTRICT COURT FAILED TO PROVIDE ANY FINDINGS OF FACT SPECIALLY AND CONCLUSIONS OF LAW AS IS REQUIRED BY… |
| 18-8229 |
Sam Chinn, aka Sam Chinn, III v. Joseph Noeth, Superintendent, Attica Correctional Facility |
Second Circuit |
2019-03-01 |
Denied |
IFP |
28-usc-455 28-usc-636 article-iii article-iii-section-2 article-iii-violation civil-procedure constitutional-claims due-process federal-rule-8 habeas-corpus judicial-disqualification magistrate-judge-process plea-bargaining prosecutorial-misconduct rule-60b-motion |
WHETHER THE DENIAL OF A RULE 60(b) MOTION, BY THE DISTRICT COURT, AND THE DENIAL OF A CERTIFICATE OF APPEALABILITY BY THE COURT OF APPEALS, WAS A ABUS… |