No. 22-5587

Kaleb L. Basey v. United States District Court for the District of Alaska

Lower Court: Ninth Circuit
Docketed: 2022-09-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability circuit-court circuit-judge federal-appellate-procedure FRAP-22(b)(1) habeas habeas-corpus judicial-discretion mandamus retroactive-effect writ-of-mandamus
Key Terms:
HabeasCorpus
Latest Conference: 2022-10-07
Question Presented (AI Summary)

Does a habeas petitioner have a right under FRAP 22(b)(1) to request a certificate of appealability from a specifically chosen circuit judge?

Question Presented (from Petition)

QUESTION PRESENTED This petition presents two question of first impression: Does a habeas petitioner have a right under FRAP 22(b)(1) to request a certificate of appealability (“COA”) from a specifically chosen circuit judge? If so, should this Court issue a writ of mandamus to retroactively honor Basey’s request that Ninth Circuit judge Andrew Kleinfeld Issue him a COA?

Docket Entries

2022-10-11
Petition DENIED.
2022-09-22
DISTRIBUTED for Conference of 10/7/2022.
2022-09-20
Waiver of right of respondent United States to respond filed.
2022-08-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 17, 2022)

Attorneys

Kaleb L. Basey
Kaleb L. Basey — Petitioner
Kaleb L. Basey — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent