No. 18-5135

Mark Francis Honish v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2018-07-05
Status: Denied
Type: IFP
Response RequestedRelisted (3)IFP
Tags: abuse-of-discretion certificate-of-appealability due-process federal-procedure fifth-circuit habeas-corpus ineffective-assistance-of-counsel judicial-discretion statute-of-limitations statutory-interpretation time-limitation tolling
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus
Latest Conference: 2019-03-29 (distributed 3 times)
Question Presented (AI Summary)

Was Honish's first state habeas writ 'application' properly filed within the meaning of 28 U.S.C. §2244(d)(2), and required to be tolled?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. WAS HONISH'S FIRST STATE HABEAS WRIT "APPLICATION" PROPERLY FILED WITHIN ; THE MEANING OF 28 U.S.C. §2244(d)(2), AND REQUIRED TO BE TOLLED? 2. DID THE FIFTH CIRCUIT ERR, AND ABUSE ITS DISCRETION IN DENYING HONISH A CERTIFICATE OF APPEALABILITY? . i .

Docket Entries

2019-04-01
Rehearing DENIED.
2019-03-13
DISTRIBUTED for Conference of 3/29/2019.
2019-02-06
Petition for Rehearing filed.
2019-01-14
Petition DENIED.
2018-12-27
DISTRIBUTED for Conference of 1/11/2019.
2018-12-12
Reply of petitioner Mark Honish filed. (Distributed)
2018-11-30
Brief of respondent Lorie Davis, Director TDCJ in opposition filed.
2018-09-24
Record received from the U.S.C.A. 5th Circuit. The record is available on PACER.
2018-09-24
Record received from the Court of Criminal Appeals of Texas. The record is electronic.
2018-09-14
Motion to extend the time to file a response is granted and the time is extended to and including November 30, 2018.
2018-09-11
Motion to extend the time to file a response from October 1, 2018 to November 30, 2018, submitted to The Clerk.
2018-08-30
Response Requested. (Due October 1, 2018)
2018-08-30
Record Requested.
2018-08-16
DISTRIBUTED for Conference of 9/24/2018.
2018-05-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 6, 2018)

Attorneys

Lorie Davis, Director TDCJ
Craig William CosperTexas Attorney General's Office, Respondent
Craig William CosperTexas Attorney General's Office, Respondent
Mark Honish
Mark Honish — Petitioner
Mark Honish — Petitioner