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
Key Terms:
HabeasCorpus
Latest Conference: 2021-11-19
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

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1.Whether the Eleventh Circuit Court of Appeals : can refuse to consider and rule upon a duly ne filed Motion to Recall Mandate, the basis . : of said motion alleges that the Eleventh oe . Circuit, in denying a Certificate of : Appealability CCOA), denied that COA based , .. upon a merits determination of facts : supporting the constitutional -claim : a presented, a decision and judgment . made .. . . without jurisdiction and in direct violation oe cot abe : . of 28 U.S.C. § 2253€c)C1)? : . . Loe 2. Whether the Eleventh Circuit: Court: of . Ste : Appeals' decision and judgment to deny a COA ce on the constitutional claim presentedbased on sor on a merits determination of the underlying. ..«0-8 -0' . : facts supporting that claim, a decision: andes... 2 oh ete judgment made without jurisdiction, and.-in a f ‘ direct violation of 28 U.S.C. § 2253€c)(€1),*' toe are, as a matter of law, absolutely void? i « : . soe 3. Whether a pro se prisoner litigant hass@ + "5. 2.0100 ne procedural due process right, pursuant.-to ma .Eleventh Circuit Rule 41-1Cb), © which a v authorizes the Eleventh Circuit to recalle+: <i. ‘ an . a mandate already issued to preventiac— pb eas oe "injustice," to file a request the mandate . yg sae be recalled, a request alleging the Eleventh ° fos Circuit acted without jurisdiction In its «vue. peor Pon decision and judgment denying a COA, because -. bo that decision and judgment was a merits based © 0 cry tie outer dow decision, in direct violation of 28. U.S.C. rr ces § 2253(c)C1)? ey aa -j ra -}

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