No. 19-8343

Kenan Allen v. Darrel Vannoy, Warden

Lower Court: Fifth Circuit
Docketed: 2020-04-22
Status: Denied
Type: IFP
IFP
Tags: certificate-of-appealability constitutional-rights due-process equitable-tolling federal-review habeas-corpus state-court-notification statutory-limitation
Key Terms:
Securities Immigration
Latest Conference: 2020-06-18
Question Presented (AI Summary)

Whether a Certificate of Appealability should have been issued regarding the matter of equitable tolling of Mr. Allen's filing of his 28 U.S.C. § 2254 petition for writ of habeas corpus

Question Presented (OCR Extract)

QUESTION PRESENTED The: issue before this Henoralele Supreme Court is whether a “Certificate of Appealability” €€.0.4.) should have been issued fegarding the matter of equitable tolling of Me. Allen's Filing of his 29 U.S.C. § 2254 oebtion hero writ of habeas Corpus Secause, as a first time Filing, the statutory period of limitation should not have been , rigerously applied considering Whe state court had failed to notify him of a final rating and because Me. Allen has been pursuing his rights diligently, Thus, the question . presented is , In Night of Willie Frank TJacksen v. Lourie Davis, No. IS-1o52t CST Cir, 82-19), did the Fifth Greuit Court of Appeals err in denying Mr. Allen a COA. when Hrat éourt, in the aloovereferenced case, held that a pet Hener (was entitled bo equitalle tolling of fhe statutory period of limitahon when a state Couct fails te nobfy fhe , peb tener of its Pinal ruling — especially Considering when Wir. Allen's case is no different from the: , Jackson-Case ? ?. 1 , STATUTORY AND CONSTITUTIONAL PRovIstoNs ARTICLE 1, SECTION 4, CLAUSE 2 of the ORIGINAL UNITED STATES CONSTITUTION, which grants to Me. Allen the privilege , as a fundamental consh btional right under the Ninth Amendment to the United States Constitution, te the Weit of Habeas Corpus which “shall not be Suspended...” U.S. Const. Art. 4, 84, cl. 2. . 28 U.S.C, § 2254 CAYO, the one-year stalutory period of limitation applied to the Fresh time Filing of an application for a writ of habeas Corpus by A person in custedy pursuant to He judgment of a state Court . THE DUE PROCESS CLAUSE OF THE FLFETH & FourRTEENTH AMENDMENTS To THE UNITED STATES CONSTITUTION. 2.2 PETLTION FoR WRIT OF CERTIORART To THE FIFTH CLIRCULT CouRT oF APPEALS The Petitioner, KENAN ALLEN, respec thully prays that a writ of certiorary issue te review the judgment and ruling of the Fifth Circuit @ourt of Appeals, rendered in these proceedings on February 18, 2020. , RULING BELOW The Fefth Cireuit Court of Appeals denied Me. Allen's — C.0.4A. request in its Cause No. 14-30393. The ruling iS unpublished, and is attached hereto as

Docket Entries

2020-06-22
Petition DENIED.
2020-06-03
DISTRIBUTED for Conference of 6/18/2020.
2020-04-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 22, 2020)

Attorneys

Kenan Allen
Kenan Allen — Petitioner
Kenan Allen — Petitioner