No. 18-6291

Steven H. Cook v. Julie L. Jones, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2018-10-12
Status: Rehearing
Type: IFP
Response WaivedRelisted (2)IFP
Tags: certificate-of-appealability civil-rights collateral-review deprivation-of-liberty due-process federal-law federal-mail-box-rule habeas-corpus ineffective-assistance ineffective-assistance-of-counsel liberty-deprivation mail-box-rule mailbox-rule standing timeliness
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-03-01 (distributed 2 times)
Question Presented (AI Summary)

Is the issue of great import to potentially thousands of prisoners similarly situated and does it have significant impact on the public?

Question Presented (OCR Extract)

QUESTIONS PRESENTED *ls the issue! {accordingly of great import to potentially thousand’s of prisoners similarly _ Situated and does if have significant impact on the public. *Does the Federal Mail box Rule exist as a matter of federal law, and florida law? ‘Was the eleventh cir. wrong to deny a C.O.A. when it was clear from the record that petitioner had been denied due process under the 5" and 14 amendment by the trial court erroneous denial of 3.850 collateral review? : *After the 11" Cir. granted a C.O.A. and issued a “vacate and remand” to the middle district with the opinion that 1. The petition (2254) was timely filed, and 2. The R. 3.850 motion issue claimed in the petition was also timely filed under the Federal Mail Box Rule, was the middle district wrong for misconstruing the issue and grounds of the petition as being from a R. 9.140 for ineffective “appellate” counsel rather than the appropriate R. 3.850 motion claimed in the petition? (doc. 35 mid. Dist.) ; *For the purpose of the due process clause does the process of law for the “deprivation of liberty” comprise all procedures including collateral review procedures that establish : and review the validity of a conviction?

Docket Entries

2019-03-04
Motion for leave to file a petition for rehearing filed by petitioner DENIED.
2019-02-13
Motion DISTRIBUTED for Conference of 3/1/2019.
2018-12-18
Motion for leave to file a petition for rehearing filed by petitioner.
2018-11-19
Petition DENIED.
2018-11-01
DISTRIBUTED for Conference of 11/16/2018.
2018-10-25
Waiver of right of respondents Julie L. Jones, Sec., FL DOC, et al. to respond filed.
2018-08-01
Application (18A116) granted by Justice Thomas extending the time to file until August 7, 2018.
2018-07-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 13, 2018)
2018-07-02
Application (18A116) to extend the time to file a petition for a writ of certiorari from July 8, 2018 to August 7, 2018, submitted to Justice Thomas.

Attorneys

Julie L. Jones, Sec., FL DOC, et al.
Wesley Heidt — Respondent
Wesley Heidt — Respondent
Steven H. Cook
Steven H. Cook — Petitioner
Steven H. Cook — Petitioner