No. 19-5518

Muamar A. Sayyed v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-08-09
Status: Denied
Type: IFP
IFP
Tags: §2254 §2254-petition civil-procedure district-court district-court-authority due-process habeas-corpus judicial-discretion motion-correction procedural-error successive-petitions void-judgment
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-10-11
Question Presented (AI Summary)

Does the district court have the authority to dismiss §2254 habeas corpus petition as successive when it was clearly not successive?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. DOES THE DISTRICT COURT HAVE THE AUTHORITY TO DISMISS §2254 HABEAS CORPUS PETITION AS SUCCESSIVE WHEN TT WAS CLEARLY NOT SUCCESSIVE? 2. DID THE DISTRICT COURT ABUSE ITS DISCRETION BY FAILING TO REOPEN §2254 HABEAS PETITION THAT IT HAD MISTAKENLY AND ERRONEOUSLY DISMISSED AS SUCCESSIVE WHEN IT WAS CLEARLY PROVEN THAT IT WAS NOT? 3. DOES A DISTRICT COURT HAVE A DUTY AND AN OBLIGATION TO CORRECT ITS VOID JUDGMENT DISMISSING A §2254 HABEAS PETITION IN ERROR? : 4a, DOES A 60 (b) MOTION LIE TO CORRECT A DISTRICT COURT'S ABUSE OF DISCRETION WHEN IT DISMISSED AS SUCCESSIVE A FIRST §2254 PETITION? w

Docket Entries

2019-10-15
Petition DENIED.
2019-09-26
DISTRIBUTED for Conference of 10/11/2019.
2019-06-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 9, 2019)

Attorneys

Muamar A. Sayyed
Muamar A. Sayyed — Petitioner