No. 18-8882

Kevin L. Donaldson v. United States

Lower Court: Second Circuit
Docketed: 2019-04-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 access-to-courts certificate-of-appealability civil-rights clerk-of-court clerk-of-court-error district-court-procedure due-process first-amendment government-liability standing
Key Terms:
HabeasCorpus
Latest Conference: 2019-05-23
Question Presented (AI Summary)

Did the Second Circuit Court of Appeals abuse its discretion when it denied the Petitioner a Certificate of Appealability?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED . 1) Did the Second Circuit Court of Appeals abuse its discretion when it denied the Petitioner a Certificate of Appealability? 2) Did the Clerk of the U.S. District Court "practice law" when the Clerk chose to arbitrarily not scan approximately % of the instant Petitioner's initial Motion pursuant to 28 U.S.C. §2255 . : thereby dering the Petitioner the Right to be heard on the merits . .of the claims the Petitioner timely raised? : 3) Did the U.S. District Court committ reversable error when it . ; denied the Petitioner the Right to: ensure that all of his properly submitted arguments be heard when the Clerk was responsible for © . omitting the remaining arguments properly raised? . . 4) Was the Clerk of Court's error (intentional or otherwise) in , NOT filing the Petitioner's entire brief as submitted a vialation _ of the Petitioner's First Amendment Right to Access to the Courts?. . 5) Are the actions/inactions of the Clerk "chargeable" against the Government in its duty to protect the Rights of the unfortunates? —

Docket Entries

2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-04-30
Waiver of right of respondent United States to respond filed.
2019-04-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 20, 2019)

Attorneys

Kevin L. Donaldson
Kevin L. Donaldson — Petitioner
Kevin L. Donaldson — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent