No. 19-5851

Felix O. Brown Jr. v. United States District Court for the Northern District of Ohio

Lower Court: Sixth Circuit
Docketed: 2019-09-06
Status: Denied
Type: IFP
IFP
Tags: 2254-habeas cause-and-prejudice cause-prejudice constitutional-claim federal-court federal-procedure federal-procedure-rule habeas-corpus pro-se pro-se-petition procedural-default
Key Terms:
ERISA DueProcess HabeasCorpus
Latest Conference: 2019-11-01
Question Presented (AI Summary)

Is there a federal procedural rule that permits a court to refuse to acknowledge and determine a presentation of cause & prejudice in a habeas petition?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW . 1. Is there a federal procedural rule, written or unwritten, which permits a United States Court of . Appeals and/or a United States District Court to simply refuse to acknowledge and determine a presentation of cause & prejudice -presented within a Merit (Traverse) Brief to address a procedural default: merely because the cause & prejudice argument(s) were not presented prior to the merits of the constitutional claim, in a specific chronological order? Or is it sufficient for a 2254 habeas petitioner, proceeding pro se, to simply ensure that their’ cause and prejudice presentation is separate entitled and distinguishably raised within the pages dedicated to that specific Ground for relief? . 2. Does a United States Federal District Court Judge display pervasive bias where it has been shown that s/he knowingly failed to adhere to well established federal law, in her/his refusal to reach the merits of a properly presented federal constitutional claim? 3. Cana 2254 habeas petitioner's federal constitutional claim, properly presented within his habeas petition and traverse, be denied a merit determination simply based on the passage of time: where it is shown that the federal district court, during the habeas and post-habeas proceedings has: (a) continuously refused to acknowledge and thereby evaluate the adequacy of the cause and prejudice presentation — as presented within Petitioner’s Traverse Brief —to overcome the procedural bar; and (b) misled Petitioner into believing that said cause and prejudice presentation was simply insufficient to overcome the procedural bar? ii

Docket Entries

2019-11-04
Petition DENIED.
2019-10-17
DISTRIBUTED for Conference of 11/1/2019.
2019-08-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 7, 2019)

Attorneys

Felix Brown
Felix Brown Jr. — Petitioner
Felix Brown Jr. — Petitioner