No. 21-7326

Edison Burgos-Montes v. United States

Lower Court: First Circuit
Docketed: 2022-03-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 certificate-of-appealability due-process habeas-corpus judicial-review prisoner-motion record-development summary-dismissal
Key Terms:
HabeasCorpus
Latest Conference: 2022-04-01
Question Presented (AI Summary)

Whether a court of appeals may deny a certificate of appealability to a prisoner whose 28 U.S.C. § 2255 motion is summarily denied even though the record fails to 'conclusively show that the prisoner is entitled to no relief' under § 2255(b)

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether a court of appeals may deny a certificate of appealability to a prisoner whose 28 U.S.C. § 2255 motion is summarily denied even though the record fails to “conclusively show that the prisoner is entitled to no relief’ under § 2255(b). -|

Docket Entries

2022-04-04
Petition DENIED.
2022-03-17
DISTRIBUTED for Conference of 4/1/2022.
2022-03-11
Waiver of right of respondent United States to respond filed.
Main Document
2022-03-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 8, 2022)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixCertificate of Word CountProof of Service

Attorneys

Edison Burgos-Montes
Alejandra Ysabel Bird Lopez — Office of the Federal Public Defender Puerto Rico, Petitioner
Alejandra Ysabel Bird Lopez — Office of the Federal Public Defender Puerto Rico, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent
Elizabeth B. Prelogar — Solicitor General, Respondent