Omar Odale Brockman v. Erick Balcarcel, Acting Warden
DueProcess HabeasCorpus Securities
Does petitioner Brockman properly assert that Sup. Ct. R. 10(c) warrants him certiorari relief?
QUESTIONS PRESENTED FOR REVIEW Ql. Does petitioner Brockman properly asserts that Sup. Ct. R. 10(c) warrant him certiorari relief because the sixth circuit court of appeals resolution in the context of an certificate of appealability on his subject matter jurisdiction claims were amiss and in substantial conflict wita relevant decision of this court, when it determined that jurists of reason would not find the district court's procedural rulings rejecting his subject matter jucisdiction claims for failure to meet the AEDPA's statute of limitations undec 28 U.S.C. § 2244(d) debatable , notwithstanding the clearly established federal law enunciated in U.S. v Cotton 122 S.Ct 1781 which cautioned that questions of subject matter jurisdiction cannot be forfeited or waived? Petitioner Brockman says. YES! Respondent Says. NO! °Q2. When a pacty in an action raises a lack of subject matter jurisdiction question, or even if the party fails to challenge the question of that jurisdiction, and it reach the attention of the court including the U.S. Supreme Court, doas the court has a special independent obligation | to determine whether the subject matter jurisdiction exists, and to correct any exiting flaw in the subject matter jurisdiction of the case? Petitioner Brockman says. YES! Respondent Says. NO! : 4