No. 20-7982

Eugene Jacobs, Jr. v. Mark S. Inch, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2021-05-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aedpa aedpa-limitations certificate-of-appealability eleventh-circuit habeas-corpus post-conviction-review procedural-grounds slack-standard statute-of-limitations
Key Terms:
HabeasCorpus Securities
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Did the United States Court of Appeals for the Eleventh Circuit err in its reading of Slack, in denying Petitioner's Certificate of Appealability, given that the district court's dismissal of Petitioner's federal habeas corpus petition on procedural grounds was debatable or incorrect?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ON ISSUES ON WHICH COA IS SOUGHT 1. Did the United States Court of Appeals for the Eleventh Circuit err in its reading of Slack, in denying Petitioner’s Certificate of Appealability, given that the district court’s dismissal of Petitioner’s federal habeas corpus petition on procedural grounds was debatable or incorrect? 2. Did the district court err when it counted toward the AEDPA’s one-year statute of limitations when a properly filed application for state postconviction or other collateral review with respect to the pertinent judgment or sentence was pending? | i

Docket Entries

2021-10-04
Petition DENIED.
2021-06-17
DISTRIBUTED for Conference of 9/27/2021.
2021-06-10
Waiver of right of respondent Mark Inch to respond filed.
2021-04-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2021)

Attorneys

Eugene Jacobs
Eugene Jacobs Jr. — Petitioner
Eugene Jacobs Jr. — Petitioner
Mark Inch
Celia A. Terenzio — Respondent
Celia A. Terenzio — Respondent