No. 22-5647

Jose Antonio Guerrero-Yanez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2022-09-22
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2253 appeal certificate-of-appealability civil-rights due-process fifth-amendment fifth-circuit first-amendment rule-60b-motion standing
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-11-18
Question Presented (AI Summary)

Did the Fifth Circuit misapply 28-USC-2253 by requiring a Certificate of Appealability for a Rule-60(b) motion, infringing First-Amendment and Due-Process rights?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED (1) Did the United States Court of Appeals for the Fifth Circuit misapply 28 U.S.C. §2253 by requiring Petitioner to be granted a Certificate of Appealability as prerequisite in order to | appeal the denial of his Rule 60(b) Motion in the District Court thereby infringing his rights to petition for the redress of grievances as guaranteed by the First Amendment and, or the Due Process Clause of the Fifth Amendment? i

Docket Entries

2022-11-21
Petition DENIED.
2022-11-03
DISTRIBUTED for Conference of 11/18/2022.
2022-07-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 24, 2022)

Attorneys

Jose Antonio Guerrero-Yanez
Jose Antonio Guerrero-Yanez — Petitioner
Jose Antonio Guerrero-Yanez — Petitioner