No. 19-7380

Dino Constance v. United States District Court for the Western District of Washington

Lower Court: Ninth Circuit
Docketed: 2020-01-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability circuit-court circuit-split civil-procedure civil-rights due-process equal-protection extraordinary-circumstances fourteenth-amendment mandamus mandamus-relief ninth-circuit post-conviction-review tenth-circuit
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-03-20
Question Presented (AI Summary)

Did the Ninth Circuit's unique five-part test for Mandamus relief cause a Fourteenth Amendment 'Equal Protection' violation?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW The questions presented for review are: I. Did the Ninth Circuit's unique five-part test for Mandamus relief cause a Fourteenth Amendment ‘Equal Protection’ violation? Are Equal Protection violations of this nature occurring regularly in the Sixth, Ninth, and/or Tenth Circuits? II. Should the five-part tests endemic to these circuits be stricken or declared unconstitutional? Should this Court standardize the requirements to establish extraordinary circumstances for Mandamus relief across all Circuits? . IIL. Did conducting a § 2254 review without most of the post-conviction record, where this caused indisputable violations of Supreme Court holdings to remain uncorrected, perpetuated the unlawful suppression of a meritorious State court record, and triggered the erroneous withholding of a Certificate of Appealability, constitute extraordinary circumstances for the purpose of obtaining Mandamus relief? Petitioner Dino Constance respectfully requests that this Court issue a Writ of Certiorari to review the decisions of the Ninth Circuit Court of Appeals to deny Mandamus Relief. i.

Docket Entries

2020-03-23
Petition DENIED.
2020-03-05
DISTRIBUTED for Conference of 3/20/2020.
2020-02-05
Waiver of right of respondent Donald Holbrook to respond filed.
2019-11-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 21, 2020)

Attorneys

Dino Constance
Dino J. Constance — Petitioner
Donald Holbrook
Alan D. CopseyWashington Office of Attorney General, Respondent