No. 20-8420

Jimmie O'Neal v. Jay Christensen

Lower Court: Ninth Circuit
Docketed: 2021-06-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability civil-rights covid-19 covid-19-delay district-court-merits due-process federal-courts habeas-corpus judicial-discretion ninth-circuit procedural-timeliness standing
Key Terms:
DueProcess
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether the Ninth Circuit Court of Appeals erred in denying a certificate of appealability based solely on the untimely filing of the petition due to the COVID-19 pandemic, without considering the merits of the case

Question Presented (OCR Extract)

QUESTION(S) PRESENTED : . A/. IN THIS CASE OF PETITIONERS PETITION FOR WRIT OF CERTIORARI, . PETITIONER REQUEST REVIEW OF THE NINTH CIRCUIT COURT OF APPEALS DECISION THAT DENIED HIS REQUEST FOR CERTIFICATE OF APPEALABILITY THAT WAS BASED ON NOT BEING TIMELY FILED BECAUSE OF JUST CRICUMSTANCES OF COVID-19 VIRUS, AND NOT THE MERITS OF PETITIONERS PETITION. , B/. PETITIONER REQUEST THIS COURT TO REVIEW THE REASON'S WHY HE WAS UNABLE TO FILE MOTION FOR EXTENSION OF TIME AS THE RESULT OF. THE ALMOST TWO YEAR SPREAD AND DEATHS AT IDOC FROM COVID-19. C/. UNDER THE HARSH ACTIONS THAT WERE TAKEN AGAINST COVID-19 MANY INMATES IN THE 9th Cir., SUCH AS THIS PETITIONER SUFFERED EXTREME HURDLES OF DELAY, UNDER THESE MORE THAN RARE CIRCUMSTNACE THAT HAVE NEVER BEEN BEFORE INSERTED TO THIS COURT IS IT NOT OF A NATIONAL IMPORTANCE’ TO BETTER SERVE THE INSTEREST OF JUSTICE TO . ALL IN OUR GREAT NATION THAT WE ALL STRIVE TO LEAR THE MERITS OF THE CASE BEFORE DISMISSING THE CASE THAT WAS NOT FOUND TO BE FRIVOLOUS IN OUR FEDERAL STATE DISTRICT COURTS, AND SHOULD NOT FOR THOSE THAT SOUGHT (COA'S) IN THE (9th Cir. Court of Appeals) HAVE THEIR (COA) DECIDED ON THE MERITS OF THE CASE. THE QUESTION . . LIKE A STIMULUS SHOULD NOT IT BE ADMISSIBLE FOR CASE TO BE DECIDED ’ ON THE MERITS INSTEAD OF USING THE AGITATION THAT IT WAS WAS NOT .i... TIMELY.FILED AS A PROVEN RESULT OF COVID-19. THIS ISSUE EMBODIES ALL INMATES OF THE NINTH CIRCUIT AND SHOULD APPLY TO THOSE CASES WHERE THE MERITS OF THE CASE WERE NOT FOUND FRIVOLOUS BY STATE FEDERAL DISTRICT COURTS. : : ‘ 4 OS

Docket Entries

2021-10-04
Petition DENIED.
2021-07-29
DISTRIBUTED for Conference of 9/27/2021.
2021-07-22
Waiver of right of respondent Jay Christensen to respond filed.
2021-06-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 26, 2021)

Attorneys

Jay Christensen
Kale Dylan GansOffice of the Attorney General for the State of Idaho, Respondent
Jimmie O'Neal
Jimmie O'Neal — Petitioner