No. 18-5782

Michael Lynn Cook v. Charles L. Ryan, Director, Arizona Department of Corrections, et al.

Lower Court: Ninth Circuit
Docketed: 2018-08-27
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: circuit-split civil-procedure civil-rights due-process equitable-tolling habeas-corpus judicial-remedies procedural-timeliness state-misconduct state-waiver statute-of-limitations
Key Terms:
HabeasCorpus
Latest Conference: 2019-01-04 (distributed 2 times)
Question Presented (AI Summary)

Does the Ninth Circuit U.S. Court of Appeals decision conflict with a decision of the Tenth Circuit U.S. Court of Appeals?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Under Y.S.C.A.Coast, Amend.J4; D>. Does the “Ninth Circuit U.S. Court of Appea Ls decison oi Which Review Is Sought Conklict with a dee/sion of the Tenth Cireuit U.S, Court of Appeols “Pure suant to LOFT/SVe CHRISMAN, 812 F.3d 1268 Cloth Cir, aole)? DD. Is the Petrtioner entitled to Equitable Tolling where he “Actively Pursued His TSudicral Remedies toy Fag a [“delective Pleading | P 3. Was the Petitloner ‘AC Cirmatively Mis led by the State Courts? AN. Wos the Petitioner Induced and Treked Inte allowing the Filing deadline to Pass by his adversarys Misconduct ? . S). 10 Petitioner's “Fivs+ Federal Habeas Petition alleges Wessly Discover ed Evidence Is the Federal Filing Deadline I-Yyean Crom the Bate , on Which the [Factua | Predicate| of the Claim... Could have heen L discovered Thraugh--«Due Diligence. § aakt#CA) (NC; Pursuant te i MCAUIGGINY. PERKINS 64 Us, —Ca0l3)? b>. Deol the State Waive the PER Time Bar? And; . is ("Improper to Address the Timeliness of a Notice of PLR Petition Ror the First Time on Appeat Pursuant to this Court's Legaf Ress oning In A LLEWV, SIE BERT SS2.U.S. 3 Ca0o7) quoting PEO PLEV. ROCLAIR, 20a. ILL. ad 89,101,789 NE. ad 73% 2%a Ca06dds 8). Is “Adot Required to Keep and Provide State Prisoners With w Copy of 28 U.S.C.A.§ 224#CAEDPAD I-year Federal Statute of Limitations, the Very same Statute belng Used to render Petitvoner’s Federal Pedrtion Time. Barred, In thelr Prison Libraries Par Lewis, CASEY s1a.d.5, 3434990)? ; q. Did Petitioner Make. w Substartiot Showng of the Dental af ov Constitutional Rolk?

Docket Entries

2019-01-07
Rehearing DENIED.
2018-12-05
DISTRIBUTED for Conference of 1/4/2019.
2018-11-19
Petition for Rehearing filed.
2018-10-29
Petition DENIED.
2018-10-11
DISTRIBUTED for Conference of 10/26/2018.
2018-07-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 26, 2018)

Attorneys

Michael Lynn Cook
Michael Lynn Cook — Petitioner
Michael Lynn Cook — Petitioner