No. 18-8096

Antonio R. Hall v. United States

Lower Court: Fourth Circuit
Docketed: 2019-02-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure district-court houston-v-lack mailbox-rule notice-of-appeal pro-se timeliness timely-filing
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-03-22
Question Presented (AI Summary)

Does the presumption of timeliness under Houston v. Lack apply when the petitioner proves timely mailing but the district court did not receive the notice of appeal?

Question Presented (OCR Extract)

QUESTION PRESENTED I. DOES THE PRESUMPTION OF TIMELINESS TO BE ACCORDED THE PETITIONER'S PRO SE NOTICE OF APPEAL UNDER THE "MAIL BOX" RULE OF HOUSTON v. LACK, 487 U.S. 266 (1988) APPLY WHEN THE PETITIONER IS ABLE TO PROVE THAT HE TIMELY MAILED THE NOTICE OF APPEAL TO THE DISTRICT COURT AND THE U.S. ATTORNEY'S OFFICE — BUT IT WAS RECEIVED BY THE U.S. ATTORNEY ALONE? iS PROOF OF THE TIMELY MAILING CONTROLLING OR IS THE DISTRICT COURT'S FAILURE TO HAVE RECEIVED THE NOTICE OF APPEAL CONTROLLING? . -i co

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-03-05
Waiver of right of respondent United States to respond filed.
2018-10-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2019)

Attorneys

Antonio R. Hall
Antonio R. Hall — Petitioner
Antonio R. Hall — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent