No. 18-9027

Marc Nielsen v. Brandon Kelly, Superintendent, Oregon State Penitentiary

Lower Court: Ninth Circuit
Docketed: 2019-04-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability civil-procedure civil-rights due-process equitable-tolling habeas-corpus ineffective-assistance post-conviction-relief professional-conduct sixth-amendment statute-of-limitations
Key Terms:
ERISA HabeasCorpus
Latest Conference: 2019-05-23
Question Presented (AI Summary)

Whether petitioner's request for equitable tolling of the statute of limitations meets the statutory requirement for the issuance of a certificate of appealability

Question Presented (OCR Extract)

QUESTION PRESENTED Whether petitioner’s request for equitable tolling of the statute of limitations period set out in 28 U.S.C. § 2244(d) based on evidence of his post-conviction attorneys’ violation of the standards of professional conduct meets the statutory requirement for the issuance of a certificate of appealability under 28 U.S.C. § 2253(c)(2) so as to warrant remand to the United States Court of Appeals for the Ninth Circuit with instructions to issue a certificate of appealability.

Docket Entries

2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-05-02
Waiver of right of respondent Jeff Premo to respond filed.
2019-04-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 29, 2019)

Attorneys

Jeff Premo
Benjamin Noah GutmanOregon Department of Justice, Respondent
Benjamin Noah GutmanOregon Department of Justice, Respondent
Marc Nielsen
Nell I. BrownFederal Public Defender for the District of Oregon, Petitioner
Nell I. BrownFederal Public Defender for the District of Oregon, Petitioner