No. 21-5964

Robert L. Kelly v. Garrett Laney, Superintendent, Oregon State Correctional Institution

Lower Court: Ninth Circuit
Docketed: 2021-10-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability civil-rights court-access due-process equitable-tolling habeas-corpus procedural-default standing state-procedural-requirements
Key Terms:
HabeasCorpus
Latest Conference: 2021-11-12
Question Presented (AI Summary)

Whether the Court should issue a grant of certiorari, vacatur, and remand

Question Presented (OCR Extract)

Questions Presented (1) Whether the Court should issue a grant of certiorari, vacatur, and remand to the Court of Appeals for issuance of a certificate of appealability when (1) there was reasonably a dispute between the parties as to whether state procedural requirements were met on federal claims, (2) no state court issued any reasoned opinion addressing either the alleged procedural , deficiencies or the merits, and (3) the courts below held that the claims were | procedurally time barred? (2) Whether the Court should issue a grant of certiorari, vacatur, and remand to the Court of Appeals for issuance of a certificate of appealability when Mr. Kelly made a substantial showing that state actors engaged in outrageous conduct to deny Mr. Kelly access to the courts? (8) Whether equitable tolling should apply to a successive, late petition for habeas corpus when Mr. Kelly had clearly shown that he has been diligently pursuing his claims and extraordinary circumstance stood in his way to access of the courts. |

Docket Entries

2021-11-15
Petition DENIED.
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-10-22
Waiver of right of respondent Garrett Laney to respond filed.
2021-10-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 15, 2021)

Attorneys

Garrett Laney
Benjamin Noah GutmanOregon Department of Justice, Respondent
Benjamin Noah GutmanOregon Department of Justice, Respondent
Robert Kelly
Robert L. Kelly — Petitioner
Robert L. Kelly — Petitioner