No. 22-5485

Juan Daniel Cano v. Bobby Lumpkin, Director, Texas, Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2022-08-31
Status: Denied
Type: IFP
IFP
Tags: civil-procedure diligence district-court due-process equitable-tolling extraordinary-circumstances fifth-circuit habeas-corpus standard-of-review
Key Terms:
HabeasCorpus
Latest Conference: 2022-10-28
Question Presented (AI Summary)

Did the Fifth Circuit err in affirming the district court's finding that the petitioner failed to show both that he pursued habeas relief diligently and that some extraordinary circumstance prevented timely filing?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Did tha Fifth Circuit erred in adapting to the district court finding that petitioner failed to show both that he pursued habeas relief diligently and some extraordinary circumstance prevented timely filing? Did the Fifth Circuit erred adapting to the district court i: finding that’ petitioner was not entitled to equitable tolling or in the alternative an evidentiary hearing on the issue? i

Docket Entries

2022-10-31
Petition DENIED.
2022-10-13
DISTRIBUTED for Conference of 10/28/2022.
2022-08-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 30, 2022)

Attorneys

Juan Cano
Juan Daniel Cano — Petitioner
Juan Daniel Cano — Petitioner