No. 19-5395

George Cleveland, III v. Jerry B. Adger

Lower Court: Fourth Circuit
Docketed: 2019-07-30
Status: Dismissed
Type: IFP
Response WaivedIFP
Tags: appeals case-and-controversy civil-procedure constitutional-rights court-of-appeals district-court-jurisdiction due-process habeas-corpus procedural-limitations standing suspension-clause writ-of-habeas-corpus
Key Terms:
ERISA HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether Slack v. McDaniel requires the Court of Appeals to determine if a Habeas Corpus Petitioner's Appeal states a valid claim of the denial of a constitutional right

Question Presented (OCR Extract)

Questions Presented Whether Slack v. McDaniel, 529 U.S. 473 (2000) requires the Court of Appeals to determine with specificity, if a Habeas Corpus Petitioner’s Appeal “states a valid claim of the denial of a constitutional right, and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling.” Does the “case and controversy” clause under Art. III § 2 of the U.S. Const. bar the District Court from deciding a case and controversy without arguments on the merits from both parties first? Does the privilege of the Writ of Habeas Corpus’ suspension clause under Art. I § 9 of the U.S. Const. bar a 1-year period of limitation under 28 § 2244 (d)(1)(2) to apply for it in the District Court?

Docket Entries

2019-10-07
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2019-09-16
Waiver of right of respondent Jerry Adger to respond filed.
2019-09-12
DISTRIBUTED for Conference of 10/1/2019.
2019-07-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 29, 2019)
2019-05-16
Application (18A1175) granted by The Chief Justice extending the time to file until July 12, 2019.
2019-05-10
Application (18A1175) to extend the time to file a petition for a writ of certiorari from May 13, 2019 to July 12, 2019, submitted to The Chief Justice.

Attorneys

George Cleveland
George Cleveland III — Petitioner
Jerry Adger
Matthew Charles BuchananSouth Carolina Department of Probation, Parole and Pardon Services, Respondent