No. 21-5623

Felix Roberts v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2021-09-09
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: appellate-procedure civil-procedure due-process en-banc-review judicial-discretion motion-for-reconsideration motion-for-rehearing procedural-timeline recusal rehearing time-limits
Key Terms:
Immigration
Latest Conference: 2022-02-18 (distributed 2 times)
Question Presented (AI Summary)

Whether the petitioner was denied due process by the Fifth Circuit Court of Appeals in its handling of the petitioner's appeal

Question Presented (OCR Extract)

QUESTION(S) PRESENTED oo On May 3, 2021, Judge. James C. Ho., of the Fifth Circuit Court of Appeals, denied Petitioner COA. Petitioner didn't know until May 10, 2021; Therefore, Petitioner had-15th days after May 10, 2021 and not May 3, 2021. Once Petitioner received his "legal mail" on May 10, 2021. Petitioner filed a Motion for. Oral Argument and Motion for Reconsideration which may i "to the Fifth Circuit Court pass due date which was no fault of Petitioner if the court given Petitioner 15th days from May 3, 2021, which should , have being 15 days from May 10, 2021. On June 18, 2021, Petitioner received a letter from the cour (a member of the panel previously denied Petitioner's COA), but the whole : _ panel denied Petitioner's Motion for Reconsideration. Petitioner then, os. filed a Motion for Rehearing and Motion for Rehearing En Bane on June 27, 2021 (that only 9 days after), then On July 1, 2021, Petitioner . filed a Motion for Recusal of Appellate Judges. 7 On July 2, 2021, the Fifth Circuit informed Petitioner, that, his Motion for Rehearing and En Banc Reconsideration, that, the time for filing a Petition for Rehearing has expired. ~ On July 7, 2021, the court told Petitioner that they are taking no action for the Motion for Recusal of Appellate Judge's ruling because the case is closed. : . _y ee

Docket Entries

2022-02-22
Rehearing DENIED.
2022-01-12
DISTRIBUTED for Conference of 2/18/2022.
2021-12-01
Petition for Rehearing filed.
2021-11-15
Petition DENIED.
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-08-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 12, 2021)

Attorneys

Felix Roberts
Felix Roberts — Petitioner