No. 22-5490

Nicholas Wukoson v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-09-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 11th-circuit appeals certificate-of-appealability civil-procedure clisby-v-jones davis-v-us federal-civil-procedure judicial-procedure plain-error plain-error-review remand
Key Terms:
DueProcess
Latest Conference: 2022-10-07
Question Presented (AI Summary)

Whether the U.S. Circuit Court of Appeals in the 11th Circuit departed from its accepted and usual course of judicial proceedings

Question Presented (OCR Extract)

QUESTIONS PRESENTED Question 1 Whether it is acceptable for the U.S. Circuit Court of Appeals in the llth Circuit to depart from its accepted and usual course of judicial proceedings of both granting a Certificate of Appealability for and then remanding all unaddressed claims back to the district court to address. This precedent rule was established in Clisby v. Jones, 960 F.2d 925, 936 (llth Cir. 1992) and accepted countless times since, even by the same judge, but not in this case. Question 2 Whether it is acceptable for the U.S. Circuit Court of Appeals in the llth Circuit to refuse to review unpreserved claims of factual error under the plain error test, as per Federal Rule of Civil Procedure 52(b) and this court's ruling in Davis v. U.S., 140 S.Ct. 1060, 1061 (2020). See also U.S. v. Zinn, 321 F.3d 1084, 1087 (llth Cir. 2003).

Docket Entries

2022-10-11
Petition DENIED.
2022-09-15
DISTRIBUTED for Conference of 10/7/2022.
2022-09-09
Waiver of right of respondent United States to respond filed.
2022-06-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 3, 2022)

Attorneys

Nicholas Wukoson
Nicholas Wukoson — Petitioner
Nicholas Wukoson — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent