No. 21-6096

In Re Byron T. McCollum

Lower Court: N/A
Docketed: 2021-10-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2253 certificate-of-appealability due-process eleventh-circuit habeas-corpus jurisdictional-challenge mandate-recall pro-se-prisoner procedural-due-process void-judgment
Latest Conference: 2021-11-19
Question Presented (from Petition)

1. Whether the Eleventh Circuit Court of Appeals can refuse to consider and rule upon a duly filed Motion to Recall Mandate, the basis of said motion alleges that the Eleventh Circuit, in denying a Certificate of Appealability (COA), based that COA denial upon a merits determination of facts supporting the constitutional claim presented, a decision and judgment made without jurisdiction and in direct violation of 28 U.S.C. § 2253(c)(1)?

2. Whether the Eleventh Circuit Court of Appeals' decision and judgment to deny a COA on the constitutional claim presented based on a merits determination of the underlying facts supporting that claim, a decision and judgment made without jurisdiction, and in direct violation of 28 U.S.C. § 2253(c)(1), are, as a matter of law, absolutely void?

3. Whether a pro se prisoner litigant has a procedural due process right, pursuant to Eleventh Circuit Rule 41-1(b), which authorizes the Eleventh Circuit to recall a mandate already issued to a file a request the mandate be recalled, a request alleging the Eleventh Circuit acted without jurisdiction in its decision and judgment denying a COA, because that decision and judgment was a merits based decision, in direct violation of 28 U.S.C. § 2253(c)(1)?

Question Presented (AI Summary)

Whether the Eleventh Circuit Court of Appeals can refuse to consider and rule upon a duly filed Motion to Recall Mandate

Docket Entries

2021-11-22
Petition DENIED.
2021-11-03
DISTRIBUTED for Conference of 11/19/2021.
2021-10-29
Waiver of right of respondent United States to respond filed.
2021-10-21
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due November 26, 2021)

Attorneys

In Re Byron T. McCollum
Byron McCollum — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent