No. 24-5153

Jonathan Godwin v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2024-07-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeals certificate-of-appealability civil-procedure-rule-60(b) constitutional-rights eleventh-circuit final-order habeas-corpus habeas-petition procedural-ruling rule-60b standards-of-review timeliness
Key Terms:
HabeasCorpus Securities
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether Petitioner's Rule 60(b) Motion for Relief from judgment filed within a year of the denial of his Habeas Petition timely?

Question Presented (OCR Extract)

QUESTIONS PRESENTED . . 1. Whether Petitioner's Rule 60(b) Motion for Relief from ; : judgment filed within a year of the denial of his Habeas Petition timely? 2. Whether the Court of Appeals for the Eleventh Circuit should have issued a certificate of Appealability, where jurist ; of reason could find both a valid claim of the denial of a ) constitutional right and the district court’s procedural ruling debate? 3. Whether the holding in Buck v. Davis, 580 U.S. 100 (2017), delineated an abuse of discretion standard in evaluating a . COA application from denial of a Rule 60(b) Motion, and if . so, was that standard met here? 4. Whether a Rule 59 (e) order constitutes a “Final Order” 7 under Rule 11 requiring a COA determination by the District Court? . y _. x é i : :

Docket Entries

2024-10-07
Petition DENIED.
2024-08-15
DISTRIBUTED for Conference of 9/30/2024.
2024-08-14
Waiver of right of respondent Dixon, Secretary, et al. to respond filed.
2024-02-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 26, 2024)

Attorneys

Dixon, Secretary, et al.
Marilyn Frances MuirOffice of the Attorney General, State of Florida, Respondent
Marilyn Frances MuirOffice of the Attorney General, State of Florida, Respondent
Jonathan Godwin
Jonathan Godwin — Petitioner
Jonathan Godwin — Petitioner