No. 22-7031

David Andrew Diehl v. United States

Lower Court: Fifth Circuit
Docketed: 2023-03-16
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (4)IFP
Tags: certificate-of-appealability civil-procedure federal-civil-procedure federal-rules-of-civil-procedure gonzales-v-crosby habeas-corpus merits-determination procedural-bar procedural-rulings rule-60 statute-of-limitations
Key Terms:
HabeasCorpus
Latest Conference: 2023-12-08 (distributed 4 times)
Question Presented (AI Summary)

Should a Fed.R.Civ.P. 60(b) and 60(d)(3) motion be reviewed de novo without a certificate of appealability?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Point 1 Should a Fed.R.Civ.P. 60(b) and 60(d)(3) mixed motion initially be reviewed de novo, without requiring: a certificate of Appealability Point 2 —~Are ignorred 2255 issues "procedural rulings that preclude a merits determination." per, Gonzales v. Crosby. Point 3 ~ Were Petitioenr's 2255 Grounds 2,4, and 13 ever evaluated . on their merits. Point 4 Was it proper to treat a Fed.R.Civ.P. 60(d)(3) fraud on , the court issue, as a second or successive issue. Point 5 Did the district court error by treating Petitioner's ~~ ; statute of limitations fraud claim as procedurally barred. Point 6 Did the district court error by treating Petitioner's ex post facto sentencing argument as procedurally barred.

Docket Entries

2023-12-11
Rehearing DENIED.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-12-01
Rescheduled.
2023-11-14
DISTRIBUTED for Conference of 12/1/2023.
2023-10-24
Petition for Rehearing filed.
2023-10-02
Petition DENIED.
2023-09-06
Supplemental brief of petitioner David A. Diehl filed. (Distributed)
2023-07-27
DISTRIBUTED for Conference of 9/26/2023.
2023-07-19
Reply of petitioner David A. Diehl filed. (Distributed)
2023-07-07
Brief of respondent United States in opposition filed.
2023-05-23
Motion to extend the time to file a response is granted and the time is further extended to and including July 7, 2023.
2023-05-22
Motion to extend the time to file a response from June 7, 2023 to July 7, 2023, submitted to The Clerk.
2023-05-03
Motion to extend the time to file a response is granted and the time is extended to and including June 7, 2023.
2023-05-02
Motion to extend the time to file a response from May 8, 2023 to June 7, 2023, submitted to The Clerk.
2023-04-06
Response Requested. (Due May 8, 2023)
2023-03-30
DISTRIBUTED for Conference of 4/14/2023.
2023-03-21
Waiver of right of respondent United States to respond filed.
2023-03-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 17, 2023)

Attorneys

David A. Diehl
David A. Diehl — Petitioner
David A. Diehl — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent