No. 23-5008

Michael Bien v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2023-06-30
Status: Denied
Type: IFP
IFP
Tags: certificate-of-appealability circuit-court covid-19-tolling district-court extraordinary-circumstances habeas-corpus hearing new-evidence rule-60(b) rule-60b
Key Terms:
HabeasCorpus
Latest Conference: 2023-09-26
Question Presented (AI Summary)

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

Question Presented (from Petition)

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. ,

Docket Entries

2023-10-02
Petition DENIED.
2023-08-10
DISTRIBUTED for Conference of 9/26/2023.
2023-06-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 31, 2023)

Attorneys

Michael Bien
Michael Bien — Petitioner
Michael Bien — Petitioner