No. 18-7268

Christopher Berry v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al.

Lower Court: Third Circuit
Docketed: 2019-01-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure court-filing-requirements due-process federal-law federal-procedural-rules newly-discovered-evidence pro-se-litigant standing third-circuit-court
Key Terms:
HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Did the holding of the United States Court of Appeals for the Third Circuit involve an unreasonable application of clearly established federal law in Castro v. U.S., 124 S.Ct. 786 (2003), in failing to warn Petitioner, a pro se litigant, that he filed a claim of Newly Discovered Evidence in the wrong court?

Question Presented (OCR Extract)

QUESTIONS PRESENTED . _ Did the holding of the United States Court of Appeals for the Third Circuit involve an unreasonable application of clearly established federal law in Castro v. U.S., 124 S.Ct. 786 (2003), in failing to warn Petitioner, a pro se litigant, that he filed a claim of Newly Discovered Evidence in the wrong court, e.g., The U.S. District Court for the Eastern District pursuant to Fed.R.Civ.P. 15? ‘ Furthermore, were the courts required to warn him of the defect in his filing pursuant to L.A.R. . : 107.3, Non-Conforming Motion, Brief or

Docket Entries

2019-02-19
Petition DENIED.
2019-01-31
DISTRIBUTED for Conference of 2/15/2019.
2019-01-22
Waiver of right of respondents McGinley, Supt., Coal Township, et al. to respond filed.
2018-07-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 6, 2019)
2018-05-11
Application (17A1244) granted by Justice Sotomayor extending the time to file until July 9, 2018.
2018-04-27
Application (17A1244) to extend the time to file a petition for a writ of certiorari from May 10, 2018 to July 9, 2018, submitted to Justice Sotomayor. (Justice Alito is recused.)

Attorneys

Christopher Berry
Christopher Berry — Petitioner
McGinley, Supt., Coal Township, et al.
Nancy WinkelmanDistrict Attorney's Office, Respondent