No. 24-5619

Francisco Tineo-Santos v. Lynn Lilley, Superintendent, Eastern Correctional Facility

Lower Court: Second Circuit
Docketed: 2024-09-24
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: certificate-of-appealability civil-procedure fourteenth-amendment habeas-corpus pro-se rule-60-motion
Key Terms:
CriminalProcedure HabeasCorpus JusticiabilityDoctri
Latest Conference: 2024-12-13 (distributed 2 times)
Question Presented (AI Summary)

Whether the denial of a pro se Certificate of Appealability (COA) by the United States Court of Appeals constitutes a merits denial of civil habeas corpus claims, thereby preventing subsequent Rule 60 motions attacking the proceeding's integrity

Question Presented (OCR Extract)

Question Presented I. Whether The DENIAL of a Pro Se Application for a Certificate of , Appealability ((COA”) with the United States Court of Appeals, Circuit Courts, In Relation to Civil (Habeas Corpus) Proceedings, Constitutes as a DENIAL, on its Merits, of an Appeal of the Civil Claims Relief, for the Purpose of Removing the United States District Court’s Exclusive | ; Jurisdiction Over Subsequently, Timely and Comprehensively, Filed Rules 60(a); 60(b)(1); 60(b)(3); 60(b)(6), and; 60(d), Federal Rules of Civil Procedure For The United States District Courts (“Fed.R.Civ.P.”), Pro Se Motion(s) Attacking the Integrity of the Civil (Habeas Corpus) Proceedings In Seek To Cure Defects Appearing That Amounts to a . Miscarriage of Justice? Il. Whether the United States Court of Appeals For the Second Circuit («2nd Cir.”) Abused Its Discretion In First Sidestepping, Without ; Jurisdiction to Review the Merits of the Appeals, To Take Full : Consideration of the Merits of the Appeals In Justifying the DENIAL of the Pro Se COA Application? Ill. Whether The United States District Court For the Southern District of ' : New York (“S.D.N.Y.”) Abused Its Discretion In Refusing To Review, On Its Merits, The Timely and Comprehensively Filed Rule 60(@); | 60(b)(1); 60(b)(3); 60(b)(6), and; 60(d), the . Integrity of the Original Writ of Habeas Corpus Proceeding In Seek of Curing Appearing Defects that Amounts to a Miscarriage of Justice, Violating the Fourteenth Amendment — On the Basis of “Lack of Jurisdiction” Due to the a Previously Issued DENIAL, By The 24 Cir., of the Pro Se COA Application to Appeal, On Its Merits, the Original Writ of Habeas Corpus Claims Relief Denial? : ii are ~ ‘A .

Docket Entries

2024-12-16
Rehearing DENIED.
2024-11-26
DISTRIBUTED for Conference of 12/13/2024.
2024-11-04
Petition for Rehearing filed.
2024-10-21
Petition DENIED.
2024-10-03
DISTRIBUTED for Conference of 10/18/2024.
2024-09-30
Waiver of right of respondent Lynn Lilley to respond filed.
2024-07-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 24, 2024)

Attorneys

Francisco Tineo-Santos
Francisco Tineo-Santos — Petitioner
Francisco Tineo-Santos — Petitioner
Lynn Lilley
David M. CohnBronx County District Attorney's Office, Respondent
David M. CohnBronx County District Attorney's Office, Respondent