No. 18-9331

Nawaz Ahmed v. Tim Shoop, Warden

Lower Court: Sixth Circuit
Docketed: 2019-05-17
Status: Denied
Type: IFP
IFP
Tags: access-to-courts appeals appellate-review capital-counsel capital-habeas civil-rights collateral-review counsel-substitution due-process habeas-corpus judicial-proceedings mandamus right-to-counsel statutory-interpretation statutory-right
Key Terms:
DueProcess HabeasCorpus Punishment
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the Court of Appeals failed to apply the existing basis of (a) Potential, (b) Pendent, (c) 28 U.S.C.S. § 1651(a) review by Mandamus, (d) 28 USCS 1292(a)(1) jurisdiction to review injunctions, and (e) collateral review of constructive, implied denial of Motion for Substitution of capital habeas counsel

Question Presented (OCR Extract)

No question identified. : CAPITAL HABEAS CASE Introductory Statement: Circumstances of the Case (per R.14.1(a) & 10/2015 Memo by Clerk): In case 18-3292 Court of Appeals erroneous dismissal of collateral appeal without exercising its (a) Potential, (b) Pendent, (c) 28 U.S.C.S. § 1651 (a) review by Mandamus in aid of appeal, and (d) 28 USCS 1291(a)(1) jurisdiction to review injunctions and (e) collateral jurisdictions to review the constructive, implied denial of Motion to Substitute capital habeas counsel Mr. Yeazel by district court in abuse of discretion by not exercise its discretion, all these five basis of jurisdiction claimed in timely filed (Doc.22) per 6" Cir. IOP (a)(1)(A) rule. The exercise of 28 US.C.S. § 1651 Jurisdiction, was required under 6" Cir, Precedents and by Firestone, 449 U.S. at 378 n.13. The Petitioner was appointed two habeas counsels (ECF#03, Sept. 13, 2007) in capital habeas case 2:07-CV-658.. The collateral appeal was taken from two filed Orders and one implied denial with out ruling on Motion to Substitute Attorney Keith A. Yeazel (ECF.132-1) and from four injunction orders, mentioned in Notice of Appeal at pages | to 4. By 01/30/18 Order, magistrate judge granted the conditional withdrawl (

Docket Entries

2019-10-07
Petition DENIED.
2019-08-15
DISTRIBUTED for Conference of 10/1/2019.
2019-08-08
Reply of petitioner Nawaz Ahmed filed. (Distributed)
2019-07-26
Brief of respondent Tim, Warden Shoop in opposition filed.
2019-06-27
Motion to extend the time to file a response is granted and the time is further extended to and including August 16, 2019.
2019-06-24
Motion to extend the time to file a response from July 17, 2019 to August 16, 2019, submitted to The Clerk.
2019-05-23
Motion to extend the time to file a response is granted and the time is extended to and including July 17, 2019.
2019-05-21
Motion to extend the time to file a response from June 17, 2019 to July 17, 2019, submitted to The Clerk.
2019-03-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 17, 2019)

Attorneys

Nawaz Ahmed
Nawaz Ahmed — Petitioner
Nawaz Ahmed — Petitioner
Tim, Warden Shoop
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent