Michael Bien v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
HabeasCorpus
Whether a United States District Court's ruling to deny a §2254 Certificate of Appealability should be vacated by the Circuit Court when Rule 60(b) new evidence requires a hearing but no hearing was conducted by the District Court
QUESTIONS PRESENTED 1. Whether a United States District Court's ruling to deny a §2254 Certificate of Appealability should be vacated by the Circuit Court when Rule 60(b) new evidence requires a hearing but no hearing was conducted by the District Court; AND 2. Whether COVID-19 circumstances were extraordinary events which should be considered external barriers for federal. Habeas: Corpus applicants for tolling purposes. ; ; 5 + ii. PARTIES , All parties appear in the caption of the case on the cover page. ,