No. 22-5368

Kultar S. Goraya v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2022-08-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appealability certificate-of-appealability certiorari civil-rights due-process eleventh-circuit habeas-corpus slack-v-mcdaniel standard-of-review
Latest Conference: 2022-10-07
Question Presented (from Petition)

WHETHER THE ELEVENTH CIRCUIT COURT OF APPEALS APPLIED AN IMPROPER HEIGHTENED STANDARD UNDER SLACK V. MCDANIAL, 120 S.Ct 1595 at 1604 (2000) AND BUCK V. DAVIS, 137 S.ct 759 at 773 (2017), WHEN DENYING PETITIONER A CERTIFICATE OF APPEALABILITY FOR HIS GROUND ONE.

Question Presented (AI Summary)

Whether the Eleventh Circuit Court of Appeals applied an improper heightened standard under Slack v. McDaniel and Buck v. Davis when denying petitioner a certificate of appealability for his ground one

Docket Entries

2022-10-11
Petition DENIED.
2022-09-22
DISTRIBUTED for Conference of 10/7/2022.
2022-09-16
Waiver of right of respondent Dixon, Sec., FL DOC to respond filed.
2022-08-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 16, 2022)

Attorneys

Dixon, Sec., FL DOC
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Kultar S. Goraya
Kultar Singh Goraya — Petitioner