No. 18-9016

Henry Earl Miller v. United States

Lower Court: Fourth Circuit
Docketed: 2019-04-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 4th-circuit-court-of-appeals 5th-amendment 5th-amendment-equal-protection constitutional-rights due-process equal-protection federal-law fourth-circuit habeas habeas-corpus procedural-due-process procedural-law wood-v-milyard
Key Terms:
DueProcess FifthAmendment HabeasCorpus
Latest Conference: 2019-05-30
Question Presented (AI Summary)

Does The Fourth Circuit's Widespread Practice Of Issuing Virtually Indistinguishable Production-Line Manufactured Rubber Stamped Opinions Violate Miller's 5th Amendment Constitutional Rights To Procedural Due Process And Equal Protection Under Federal Law?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1.) Does The Fourth Circuit's Widespread Practice Of Issuing Virtually Indistinguishable Production-Line Manufactured Rubber Stamped Opinions Violate Miller's 5th Amendment Constitutional Rights To Procedural Due Process And Equal Protection Under Federal Law? 2.) Did The Fourth Circuit Violate Miller's 5th Amendment Constitutional Rights To Procedural Due Process And Equal Protection Under Federal Law When It Overlooked The District Court's Decision To Bypass, Override, Excuse The Government's Deliberate Waiver Of Non-Jurisdictional Arguments, As Explicitly Prohibited By This Court In Wood v. Milyard, 132 S.Ct. 1826 (2012)? ; 3.) Did The Fourth Circuit Violate Miller's 5th Amendment Constitutional Rights To Procedural Due Process And Equal Protection Under Federal Law When It Overlooked The District Court's Failure To Adjudicate Or Resolve All Of Miller's 28 U.S.C. §2255 Habeas Claims, As Required By The Fourth Circuit Itself In Porter v. Zook, 803 F.3d 694 (4th Cir. 2015) And This Court's Ruling In Gelboim v. Bank Of Am. Corp., 135 S.ct. 897 (2015)? . i

Docket Entries

2019-06-03
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-05-07
Waiver of right of respondent United States to respond filed.
2019-04-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 28, 2019)

Attorneys

Henry E. Miller
Henry Earl Miller — Petitioner
Henry Earl Miller — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent