No. 19-5687

In Re Luis E. Morales

Lower Court: N/A
Docketed: 2019-08-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion circuit-court-procedure civil-procedure due-process due-process-rights mandamus obstruction-of-justice pro-se-prisoner procedural-rights rebuttable-presumption rebuttal second-successive-motion successive-habeas-petitions
Key Terms:
HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the 11th Circuit Court of Appeals created a rebuttable presumption in its order denying the petitioner's request to file a second/successive §2255 motion

Question Presented (from Petition)

No question identified. : —— 8 . oa 7 QUESTION§S) PRESENTED 1) Did the 11th Circuit Court of Appeals "create" a rebuttable presumption when they entered" their ORDER concerning the instant . Petitioner's request to file a second/successive §2255 Motion? 2) As a matter of Due Process, does a pro se prisoner have a “ procedural or inherent RIGHT to file a rebuttal to an inaccurate , presumption made by the Court of Appeals? . 3) Is rebutting the presumption created in an ORDER denying the Petitioner's Permission to file a Second/Successive §2255 the same as "reviewing" the same decission, when the "denial" was based upon this "rebuttable statement" made by the Court of Appeals was the reason the Petitioner was not granted said permission? 4) Did the Eleventh Circuit “open the proverbial door" to allow | ; the Petitioner to answer the "rebuttable statement" concerning the | date in which the newly discovered evidence was found? ; | 5) Did the Clerk of Court for the 11th Circuit Obstruct Justice | ~ when it REFUSED to enter on record the Petitioner's Motion to have . 4 the USCA11 take notice of the answer to the "rebuttable fact" that ef , the Petitioner had submitted? : a 6) Did the Clerki:of Court abuse their discretion when the Clerk | refused to file document as requested to the Chief Judge when the document was a complaint against the Clerk for Obstructing Justice? ~ 7) Is a Mandamus to have the USCA11 take notice of their decision | when the USCA itself created a rebuttable fact left to be answered, the proper vehicle under which to cause this action? |

Docket Entries

2019-10-07
Petition DENIED.
2019-09-12
DISTRIBUTED for Conference of 10/1/2019.
2019-09-03
Waiver of right of respondent United States to respond filed.
2019-08-08
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due September 23, 2019)

Attorneys

Morales, In Re
Luis E. Morales — Petitioner
Luis E. Morales — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent