No. 18-8914

Manuel Cazares v. Jay Cassady, Warden

Lower Court: Eighth Circuit
Docketed: 2019-04-19
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2254 conclusiveness district-court due-process federal-rules federal-rules-of-civil-procedure habeas-corpus judicial-procedure lower-court reply rules-governing-section-2254 section-2254 writ-of-habeas-corpus
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-06-20
Question Presented (AI Summary)

May Rule 5(e) of the Rules Governing Section 2254 cases in the United States District Courts, entitled Reply, be disregarded by the lower court?

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW 1. May Rule 5(e) of the Rules Governing Section 2254 cases in the United States District Courts, entitled Reply, which states "the Petitioner may submit a reply to the Respondent's answer or other pleading within a time fixed by the judge (Title : 28 U.S.C. §2254), be disregarded by the lower court. 2. May the Rules Governing Section 2254 cases in the United States District Courts, which provides in Title 28 U.S.C. §2254, entitled Return or Answer, Conclusiveness, that "[T]he allegations of a return to the writ of habeas corpus of an answer to an order to show cause in a habeas corpus proceeding, if not traversed, shall be accepted as true except to the extent that the judge finds from the evidence that they are not true", be disregarded by the lower court in that the District failed and refused to consider Petitioner's Reply in making its decision to deny the Writ of Habeas Corpus. ii

Docket Entries

2019-06-24
Petition DENIED.
2019-06-05
DISTRIBUTED for Conference of 6/20/2019.
2019-04-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 20, 2019)

Attorneys

Manuel Cazares
Manuel Cazares — Petitioner
Manuel Cazares — Petitioner