No. 18-633

Gary Jefferson Byrd v. United States

Lower Court: Fifth Circuit
Docketed: 2018-11-15
Status: Denied
Type: Paid
Response Waived
Tags: appeals appellate-procedure certificate-of-appealability civil-rights constitutional-rights district-court district-court-summary-denial due-process fifth-circuit habeas-corpus judicial-discretion pro-se pro-se-litigant standing summary-denial
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Should a Certificate of Appealability (COA) be denied to a pro se litigant thus denying an appeal when the issue has been extensively researched and comprehensively briefed establishing that he has made a substantial showing of the denial of a constitutional right especially when it has been shown that jurists of reason could disagree with the District Court's summary denial?

Question Presented (from Petition)

QUESTIONS PRESENTED Should a Certificate of Appealability (COA). be denied to a pro se litigant thus denying an appeal when. the issue has been extensively researched and comprehensively briefed establishing that he has made a sub. stantial showing of the denial of a constitutional right especially when it has been shown that jurists of reason could disagree with the District Court’s summary : denial? ; 7 Should the Fifth Circuit continue to summarily deny a COA to a pro se litigant when both equity and : several Supreme Court admonitions would require the issuance of a COA? ; ii ;

Docket Entries

2019-01-07
Petition DENIED.
2018-11-28
DISTRIBUTED for Conference of 1/4/2019.
2018-11-20
Waiver of right of respondent United States to respond filed.
2018-10-02
Petition for a writ of certiorari filed. (Response due December 17, 2018)

Attorneys

Gary Jefferson Byrd
Gary Byrd — Petitioner
Gary Byrd — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent