No. 20-5696

Dan Grandberry v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2020-09-15
Status: Denied
Type: IFP
IFP
Tags: civil-procedure forfeiture-rule habeas-corpus judicial-notice limitations-period procedural-waiver state-court subject-matter-jurisdiction
Key Terms:
HabeasCorpus
Latest Conference: 2020-11-13
Question Presented (AI Summary)

Whether the ordinary forfeiture rule, as codified in the Federal Rules of Civil Procedure, applies to the limitations period of 28 U.S.C. § 2254(a)

Question Presented (OCR Extract)

QUESTION PRESENTED | | (a), Would the ordinary Forfeiture rule, as codeSied in the . Civil Rules; apply to the limitations period of THe 28 uSt. BPPAUCAIC ? i): Questions Fairly treludeld Therein? A). Waldo § 22 M41) timeliness issue. raised ‘by an appleant on Stale habeas corpus bok had been ceSsed : tebe alleged , or Was “intelligently waived, “ by the State Court, be forSeted on federal habeas corpus ’ | B). ould a. Federal Dishich Court lack subjectmatter Gurisdiction , hile Keeping uth the governing cules . ok Civil Procedure. y to take Gldicial or authoratalive, Notice of a Habeas Rule S cb) reply by the. Slale mais— ing the forfeited imitations defense Sar the first Hime, and , awhen afforted the opportunity, i+ did net develop below 2 , Cc). Then, Would a Federal Court without sub yech-maHer gurisdicton, abuse its discretion by issuing an order deny ing a federal habeas Petition, in party AS dime barred based on a Porfeited’ limilation s defense, eind would thal erdebe void 2%

Docket Entries

2020-11-16
Petition DENIED.
2020-10-29
DISTRIBUTED for Conference of 11/13/2020.
2020-06-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2020)

Attorneys

Dan Grandberry
Dan Grandberry — Petitioner
Dan Grandberry — Petitioner