No. 21-7112

Sophana Sovann v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al.

Lower Court: Third Circuit
Docketed: 2022-02-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal certificate-of-appealability civil-procedure civil-rights due-process habeas-corpus notice-of-judgment pro-se right-to-appeal
Key Terms:
SocialSecurity Immigration
Latest Conference: 2022-03-25
Question Presented (AI Summary)

Was a pro se state prisoner denied his right to appeal the District Court's order denying his habeas corpus petition?

Question Presented (OCR Extract)

QUESTION PRESENTED _ Was.a pro se state prisoner denied his right to appeal the District Court’s order . denying his habeas corpus petition where state prisoner never received the denial . order from the District Court Clerk and when the state prisoner discovered the denial _ order, prisoner immediately filed a motion pursuant to Federal Rule of Civil Procedure 60(b) and the District Court without opposition from the Respondents restored state prisoner’s right to appeal to the Third Circuit requesting a Certificate of Appealability but that Court ruled that the appeal was untimely? 7 "

Docket Entries

2022-03-28
Petition DENIED.
2022-03-10
DISTRIBUTED for Conference of 3/25/2022.
2022-03-02
Waiver of right of respondent Chad Wakefield, Superintendent Smithfield SCI, et al. to respond filed.
2022-01-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 16, 2022)

Attorneys

Chad Wakefield, Superintendent Smithfield SCI, et al.
Nancy WinkelmanDistrict Attorney's Office, Respondent
Sophana Sovann
Sophana Sovann — Petitioner