No. 23-5

Breon Powell v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al.

Lower Court: Third Circuit
Docketed: 2023-07-03
Status: Denied
Type: Paid
Response Waived
Tags: 28-usc-2254 certificate-of-appealability court-closure covid-19 covid-19-pandemic due-process equitable-tolling habeas-corpus
Key Terms:
Arbitration FourthAmendment DueProcess HabeasCorpus Privacy JusticiabilityDoctri
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Did the Circuit Court of Appeals err in denying due process to Appellant Powell by denying a Certificate of Appealability from the District Court's denial of Petitioner's habeas corpus claims under 28 U.S.C. 2254 due to untimeliness despite the District Court being shut down for filings related to the COVID-19 pandemic?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Did Circuit Court of Appeals err and thereby abuse its discretion and commit error in denying due process to Appellant Powell when it denied a Certificate of Appealability from the District Court’s denial of Petitioner’s claims in his Habeas Corpus filing pursuant to 28 U.S.C. 2254 when it found that Petitioner did not use “due diligence” in his pursuit of his habeas claim and thus his filing was untimely pursuant to 28 U.S.C. 2254 when the United States District Court in which Appellant could have filed his habeas petition was shut down to filings due to its own Orders of closure related to the Covid-19 worldwide pandemic? 2. Did the Third Circuit Court’s denial of appealability by upholding the District Court’s denial of Appellant’s habeas petition where the District Court found that equitable tolling did not apply, even where the same District Court, by its own Orders, had shut down its court to filings due to the worldwide pandemic, did that create a “de-facto” alteration of the statute and denial of due process? IL. TABLES OF CONTENTS IV. PETITION FOR WRIT OF CERTIORARL.ceeecc

Docket Entries

2023-10-02
Petition DENIED.
2023-07-19
DISTRIBUTED for Conference of 9/26/2023.
2023-07-06
Waiver of right of respondent John Rivello, Superintendent, et al. to respond filed.
2023-06-27
Petition for a writ of certiorari filed. (Response due August 2, 2023)

Attorneys

Breon Powell
Nicholas CasamentoCasamento & Ratasiewicz, Petitioner
Nicholas CasamentoCasamento & Ratasiewicz, Petitioner
John Rivello, Superintendent, et al.
Eric R. AlkonBucks County District Attorney's Office, Respondent
Eric R. AlkonBucks County District Attorney's Office, Respondent