No. 18-6584

Larry Flenoid v. United States

Lower Court: Eighth Circuit
Docketed: 2018-11-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure due-process eighth-circuit eighth-circuit-court-of-appeals federal-rules-of-civil-procedure fifth-amendment habeas-corpus procedural-irregularity second-or-successive section-2255 supervisory-powers
Key Terms:
DueProcess FifthAmendment HabeasCorpus Punishment
Latest Conference: 2018-12-07
Question Presented (AI Summary)

Whether the supervisory powers of the United States Supreme Court will be asserted to correct the Eighth Circuit Court of Appeals summarily affirming the district court's finding petitioner's 'instant' petition solely pointing to a procedural irregularity in the §2255 proceeding was a second or successive attempt at seeking relief

Question Presented (OCR Extract)

No question identified. : z s QUESTION[S] PRESENTED WHETHER THE SUPERVISORY POWERS OF THE UNITED STATES ; SUPREME ‘COURT WILL BE ASSERTED TO CORRECT THE EIGHTH -. CIRCUIT COURT OF APPEALS SUMMARILY AFFIRMING THE ; DISTRICT COURT'S FINDING ‘PETITIONER'S "INSTANT" PETITION re "SOLELY" POINTING TO A PROCEDURAL IRREGULARITY, IN THE © ; -§2255 PROCEEDING WAS A SECOND OR-SUCCESSIVE ATTEMPT AT °° SEEKING RELIEF’ WHEN THE "INSTANT" PETITION PRESENTED TO oo THE COURT PURSUANT FEDERAL.RULES CIVIL PROCEDURE 60(b)(4)=' , AUTHORIZE. AN. ATTACK ON A. DEFECT ‘IN THE. INTEGRITY. OF. THE : PROCEEDINGS WHEN THE DISTRICT. COURT “HAS ACTED IN’ : MANNER INCONSISTENT WITH DUE. PROCESS. UNDER THE FIFTH |: AMENDMENT BY REFUSING TO FILE. AND. CONSIDER’ PETITIONER'S TRAVERSE/REPLY BRIEF FOR BEING OVER-LENGTH BEFORE: PASSING | JUDGMENT THEREBY DEPRIVING PETITIONER OF HIS ‘DUE “PROCESS °~ RIGHT TO NOTICE AN OPPORTUNITY TO BE HEARD AND TO RECIEVE A "FULL AND FAIR" SUBSTANTIVE REVIEW ON THE ENTIRE RECORD? |

Docket Entries

2018-12-10
Petition DENIED.
2018-11-21
DISTRIBUTED for Conference of 12/7/2018.
2018-11-14
Waiver of right of respondent United States to respond filed.
2018-08-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 6, 2018)

Attorneys

Larry Flenoid
Larry Flenoid — Petitioner
Larry Flenoid — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent