No. 18-6249

Markos Pappas v. United States

Lower Court: Second Circuit
Docketed: 2018-10-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 21-usc-851 28-usc-2253 28-usc-2255 appellate-procedure certificate-of-appealability civil-procedure due-process federal-rules-of-civil-procedure-60(b) habeas-corpus rosales-mireles rule-60b section-2255 standard-of-review statutory-interpretation
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2018-11-09
Question Presented (AI Summary)

Does the certificate of appealability (COA) requirement apply to Federal Rule of Civil Procedure 60(b) motions related to 28 U.S.C. § 2255 proceedings?

Question Presented (from Petition)

QUESTION(S) PRESENTED | 1. Does the certificate of appealability ("COA") requirement of B U.S.C. § 2253(c) that explicitly applies to motions under 28 U.S.C. § 2255, also apply to motions under Federal: Rule of Civil Procedure 60(b) that relate to a section 2255 proceeding even though there is no language in section 2253(c) indicating the COA requirement applies to anything other than the denial of a section 2255 motion? 2. Because in denying Petitioner's Federal Rule of Civil Procedure 60(b)(4) motion (which raised a due process issue based on the court's application of a 21 U.S.C. § 851 enhancement for the first time in Petitioner's 28 U.S.C. § 2255 proceeding), the district court decided it was debatable that a hearing should have been held as to whether a section 851 enhancement was applicable at all, is it appropriate for this Court to either . issue a COA, or GVR to the U.S. Court of Appeals for the Second Circuit for ; further consideration in light of this Court's holding clarifying the standard for issuance of a COA in Buck v. Davis, 580 U.S. __, 137 S.Ct. 759 (Feb. 22, 2017)? * 3. Should this Court issue a COA, or GVR to the U.S. Court of Appeals for the Second Circuit for further consideration in light of this Court's recent holding in Rosales-Mireles v. United States, 585 U.S. _, 138 S.Ct. 1897 (June 18, 2018)? -i:

Docket Entries

2018-11-01
Case removed from Docket.
2018-10-25
DISTRIBUTED for Conference of 11/9/2018.
2018-10-18
Waiver of right of respondent United States to respond filed.
2018-09-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 8, 2018)

Attorneys

Markos Pappas
Markos N. Pappas — Petitioner
Markos N. Pappas — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent