No. 22-5750

Salvador Diaz v. United States

Lower Court: Second Circuit
Docketed: 2022-10-04
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 28-usc-2255 5th-amendment certificate-of-appealability constitutional-rights due-process habeas-corpus second-circuit section-2255 standard-of-review
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-12-09 (distributed 2 times)
Question Presented (AI Summary)

Did the court of appeals err in denying petitioner's COA application?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Where the COA determination under § 2253(c) requires an overview of the claims in the habeas petition and a general assessment of their merits, did the court of appeals err when it denied Petitioner’s COA application by merely reciting the requirements for granting a COA under § 2253(c)(2) that a substantial showing of a denial of a constitutional right be demonstrated? Did the Second Circuit frivolous reviews of Petitioner’s submissions violate the Due Process Clause of the Fifth amendment? | 1 & | RELATED CASES 28 U.S.C. § 2255 Proceedings Below: Diaz v. United States. No. 21-3141 (2d. Circuit, May 04,2022) (Order denying motion for certificate of appealability) Diaz v. United States, 21cv2403 (17cr0227) (S.D. N.Y. December 17, 2021) (Opinion and order denying 28 U.S.C. § 2255 motion) In Re: Salvador Diaz, 21-2614 (2d. Circuit, February 09, 2022) (Order denying petition for a writ of mandamus) | Diaz v. United States, 21¢v2403 (17cr0227) (S.D.N.Y. September 03, 2021) (Order denying motion to obtain grand jury transcript) | Diaz v. United States, 21¢v2403 (17cr0227) (S.D.N.Y. September 15, 2021) | (Order denying motion to disqualify judge) | Underlying Criminal Proceedings: United States v. Diaz, No. 17cr0227 (S.D.N.Y. July 13, 2018) (Opinion of district court denying motion to dismiss challenging validity of underlying conviction) United States v. Diaz, No. 18-3086 (2d. Circuit, January 22, 2019) (Order dismissing interlocutory appeal) United States v. Diaz, No. 19-1895 (2d. Circuit, July 22, 2022) (Opinion of the Second Circuit affirming judgment of district court on direct appeal) ii

Docket Entries

2022-12-12
Rehearing DENIED.
2022-11-22
DISTRIBUTED for Conference of 12/9/2022.
2022-11-10
Petition for Rehearing filed.
2022-10-31
Petition DENIED.
2022-10-13
DISTRIBUTED for Conference of 10/28/2022.
2022-10-06
Waiver of right of respondent United States to respond filed.
2022-09-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 3, 2022)

Attorneys

Salvador Diaz
Salvador Diaz — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent