No. 22-5407

In Re James R. Austin

Lower Court: N/A
Docketed: 2022-08-19
Status: Denied
Type: IFP
IFP
Tags: appellate-jurisdiction civil-rights due-process federal-courts habeas-corpus judicial-precedent miscarriage-of-justice procedural-mechanism rule-60b-motion standing supreme-court supreme-court-holding
Key Terms:
SocialSecurity Immigration
Latest Conference: 2022-10-14
Question Presented (AI Summary)

Whether the Supreme Court's holding in Gonzalez v. Crosby controls and must be followed by respondents

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. WHETHER THE HIGH QOURT'S HOLDING IN GONZALEZ VS. CROSBY, 545 U.S. 524,528,125 S.Ct. 2641,162 L.Bd.2d 480 (2005) CONTROLS AND IS MANDATED TO BE FOLLOWED BY RESPONDENTS? 2. WHETHER A 60(b) MOTION FOR RELIEF OF JUDGMENT IS THE PROPER VEHICLE TO SEEX RELIEF FROM JUDGMENT, RE-OPEN CASE AND REINSTATE APPELLATE JURISDICTION? 3. WHETHER RESPONDENTS’ FAILURE TO EVEN: ENTERTAIN AND/OR — ADJUDICATE THE 60(b) MOTION CONFLICT WITH ITS OWN PRIOR RULINGS AND NOT IN HARMONY WITH INTERPRETATIONS FROM UNITED STATES SUPREME COURT PRECEDENT? 4. WHETHER ISSUANCE OF A WRIT OF MANDAMUS THE ONLY REMEDY AVAILABLE TO CORRECT THIS ABUSE OF DISCRETION THAT RESULTED IN A MISCARRIAGE OF JUSTICE? 5. WHETHER PETITIONER'S ACCESS TO THE COURTS WAS IMPEDED? . i

Docket Entries

2022-10-17
Petition DENIED.
2022-09-29
DISTRIBUTED for Conference of 10/14/2022.
2022-06-15
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due September 19, 2022)

Attorneys

James R. Austin
James Russell Austin — Petitioner