No. 18-9027
Marc Nielsen v. Brandon Kelly, Superintendent, Oregon State Penitentiary
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
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 Gutman — Oregon Department of Justice, Respondent
Benjamin Noah Gutman — Oregon Department of Justice, Respondent
Marc Nielsen