No. 22-6296

Martin A. Lewis v. Gary Miniard, Warden

Lower Court: Sixth Circuit
Docketed: 2022-12-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: castro-claim civil-procedure due-process exhaustion-doctrine federal-rule-civil-procedure-60 habeas-corpus ineffective-assistance rose-v-lundy rule-60 strickland-v-washington united-states-v-castro
Key Terms:
DueProcess HabeasCorpus Privacy
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Whether Petitioner Lewis' habaas petition should be re-opened

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Whether Petitioner Lewis' habaas petition should be re-opened where (1) Petitioner was denied Due Process of Law contrary to United States v. Cestro, : 540 U.S. 375 (2003), because Patitioner was not placed on notice of the consequences of deleting unexheusted claims, end (2) tha United States District Court Judge erred in deciding exhaustion on one of Petitioner's ineffective assistance of counsel claims contrary to Strickland v. Washingtan, 466 U.S. 668 (1984). Does the time limitation of Faderal Rule Civil Procedure 60(c)(1), preclude . relief from judgment under Rule.60(b)(6), where a Castro claim is involved in the responsive pleadings on exhaustion grounds? Can a conditional statement be considered a waiver of Due Process of Notice, where Rose v. Lundy, 455 U.S. 509 (1962), and United States v. Castro, 540 U.S. 375 (2003), require Due Process of Notica? | : | | : | .

Docket Entries

2023-02-21
Petition DENIED.
2023-01-30
Waiver of right of respondent Gary Miniard, Warden to respond filed.
2023-01-26
DISTRIBUTED for Conference of 2/17/2023.
2022-12-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 13, 2023)

Attorneys

Gary Miniard, Warden
Ann Maurine ShermanMichigan Department of Attorney General, Respondent
Ann Maurine ShermanMichigan Department of Attorney General, Respondent
Martin Lewis
Martin A. Lewis — Petitioner
Martin A. Lewis — Petitioner