No. 19-7177
Eric C. Miller v. Randy Gibbs, Warden
Response WaivedIFP
Tags: aedpa civil-procedure district-court federal-courts federal-jurisdiction habeas-corpus procedural-dismissal successive-petition successive-petitions time-bar
Key Terms:
HabeasCorpus
HabeasCorpus
Latest Conference:
2020-02-21
Question Presented (AI Summary)
Can District Courts continue to dismiss (numerically) second habeas petitions as 'successive' and hold the petitioner to the stricter AEDPA requirements when the first habeas was dismissed for procedural reason (time bar, no adjudication)?
Question Presented (OCR Extract)
Question Presented for Review Can District Courts continue to dismiss (numerically) second habeas petitions as ‘successive’ and hold the petitioner to the stricter AEDPA requirements when the first habeas was dismissed for procedural reason (time bar, no adjudication)?
Docket Entries
2020-02-24
Petition DENIED.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2020-01-23
Waiver of right of respondent Randy Gibbs to respond filed.
2019-12-10
Petition for a writ of certiorari before judgment and motion for leave to proceed in forma pauperis filed. (Response due February 10, 2020)
Attorneys
Eric C. Miller
Eric C. Miller — Petitioner
Randy Gibbs
Kevin Cmelik — Iowa Department of Justice, Respondent