No. 18-7747
Jae Yung Kim v. Debbie Asuncion, Warden
IFP
Tags: actual-innocence certificate-of-appealability civil-procedure due-process equitable-tolling federal-habeas-proceedings habeas-corpus ninth-circuit substantial-showing
Key Terms:
DueProcess HabeasCorpus
DueProcess HabeasCorpus
Latest Conference:
2019-05-30
Question Presented (AI Summary)
Did the Ninth Circuit misapply the standard for the issuance of a certificate of appealability (COA)"
Question Presented (OCR Extract)
QUESTION PRESENTED Did the Ninth Circuit misapply the standard for the issuance of a certificate of appealability (“COA”) articulated by this Court in such cases as Buck v. Davis, 137 S. Ct. 759 (2017), Miller-El v. Cockrell, 537 U.S. 322 (2003), and Slack v. McDaniel, 529 U.S. 473 (2000), in denying Petitioner’s request for a COA, where Petitioner made a substantial showing that his facially-untimely petition for habeas corpus should still be considered on the merits because he is actually innocent and entitled to equitable tolling?
Docket Entries
2019-06-03
Petition DENIED.
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-04-29
Brief of respondent A.M. Gonzales in opposition filed.
2019-04-02
Motion to extend the time to file a response is granted and the time is further extended to and including May 6, 2019.
2019-03-29
Motion to extend the time to file a response from April 5, 2019 to May 5, 2019, submitted to The Clerk.
2019-02-25
Motion to extend the time to file a response is granted and the time is extended to and including April 5, 2019.
2019-02-21
Motion to extend the time to file a response from March 6, 2019 to April 5, 2019, submitted to The Clerk.
2019-01-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 6, 2019)
Attorneys
A.M. Gonzales
Jae Yung Kim
Jelani Jimmy Lindsey — Office of the Federal Public Defender, Petitioner
Jelani Jimmy Lindsey — Office of the Federal Public Defender, Petitioner