No. 20-6039
Earl McBride v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Relisted (2)IFP
Tags: due-process due-process-clause equitable-tolling evidentiary-standard habeas-corpus habeas-petition parole parole-board postal-service-form procedural-grounds
Key Terms:
DueProcess HabeasCorpus
DueProcess HabeasCorpus
Latest Conference:
2021-05-13
(distributed 2 times)
Question Presented (AI Summary)
Does USPS Form 3811 meet 28 USC 2244 evidentiary standard for equitable tolling?
Question Presented (OCR Extract)
QUESTIONS PRESENTED FOR REVIEW Does United States Postal Service Form 3811 Domestic Certified Returned Receipts demonstrating properly and timely filing of State and Federal Habeas Petitions meet the 28 U.S.C. SECTION 2244 evidentiary standard to afford equitable tolling to prevent denial of habeas relief on the basis of procedural grounds? Did a vioaltion of the Due Process Clause occurr when State Parole Baord changed parole certification achievement status without conducting a parole revocation hearing process?
Docket Entries
2021-05-17
Rehearing DENIED.
2021-04-27
DISTRIBUTED for Conference of 5/13/2021.
2021-02-02
Petition for Rehearing filed.
2021-01-11
Petition DENIED.
2020-12-03
DISTRIBUTED for Conference of 1/8/2021.
2020-10-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 16, 2020)
Attorneys
Earl McBride
Earl McBride Jr. — Petitioner