No. 21-7262

Bartholomew Antonio Guzman v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2022-03-03
Status: Denied
Type: IFP
IFP
Tags: buck-v-davis certificate-of-appealability constitutional-rights due-process federal-habeas-proceeding federal-jurisdiction habeas-corpus rule-60(b)
Key Terms:
DueProcess FourthAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2022-04-29
Question Presented (AI Summary)

Whether a COA is required to appeal the denial of a Rule 60(b) Motion

Question Presented (from Petition)

QUESTION(S) PRESENTED QUESTION No. 1: Whether this Court's decision in Buck v. Davis, 137 S.Ct. 759 (2017) foreclosed the Petitioner's argument that a COA is not required to appeal the denial of a Rule 60(b) Motion that called into question a defect in the integrity of a federal habeas proceeding and not the complaint of detention that arose 6£ the process issued by the State court? QUESTION No. 2: Did the Panel of the Court of Appeals for the Fifth Circuit err by deciding the merits of an appeal not properly before the court to justify the denial of a Certificate of Appealability? QUESTION No. 3: Whether a criminal defendant is deprived of his constitutional rights to Due Process under the 14TH Amendment to the United States Constitution when a federal tribunal fails to consider and address a habeas petitioner's claim as presented and argued? QUESTION No. 4: Can a federal court acquire jurisdiction over a federal habeas corpus proceeding under Title 28 U.S.C., Section 2254 and adjudicate the merits of the habeas claims while those claims are still being considered and’ pending in the State habeas court. i

Docket Entries

2022-05-02
Petition DENIED.
2022-04-14
DISTRIBUTED for Conference of 4/29/2022.
2021-11-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 4, 2022)

Attorneys

Bartholomew Antonio Guzman
Bartholomew Antonio Guzman — Petitioner
Bartholomew Antonio Guzman — Petitioner