No. 24-5641

In Re Nawaz Ahmed

Lower Court: N/A
Docketed: 2024-09-26
Status: Dismissed
Type: IFP
Response WaivedIFP
Tags: appellate-jurisdiction federal-rules-civil-procedure habeas-corpus lack-of-finality voluntary-dismissal writ-of-prohibition
Key Terms:
DueProcess HabeasCorpus Patent Privacy
Latest Conference: 2025-02-21
Question Presented (AI Summary)

Whether a writ of prohibition is available to challenge an appellate court's jurisdiction when district court orders lack finality due to unadjudicated claims

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW QUESTION(a) Is Writ of Prohibition available to prohibit the. Court of Appeals lacking Appellate Jurisdiction to exceed its jurisdiction to proceed in appeal case 21-3542 by COA on some claim when district court Orders (Ecf.156,194) lack finality due to failure to adjudicate Nineteen claims in First Petition (Doc.35) and fifty_claims in state-court record judiciable under Fed. R. Civ. P. 15(b)(2) as cited in (Ecf 177 filed at para 3 and 30 and explicitly listed again in ECF.Doc.196. filed on June 03,2021 titled, “Amended Notice of Appeal and Motion Seeking Remand due to lack of Finality” filed in First Appeal case 20-4153, wrongly dismissed by court, must be reinstated, and mischiefs of misconstruction be prevented by writ of prohibition due to Lack of Jurisdiction per, Collins v. Miller, 252 U.S. 364, 365, 370 (1920); Porter v. Zook, 803 F.3d 694, 695, 697, 699 (4th Cir. 2015) and FHCPP, § 35.1. Final orders.,n.13. QUESTION (b) Did Court of appeals erroneously deny Petitioner’s Unopposed Fed. R. App. P. 42(b(2) Motions for Voluntary Dismissal of unauthorized-Second appeal case 21-3542 that Court of Appeals must Reinstate appeal case 21-4153 (Ecf.164,196)filed on June 03.2021 titled, “Amended Notice of Appeal and Motion Seeking Remand due to lack of Finality” to adjudicate all claims before single appeal from final Orders. QUESTION (c) Is Writ of Prohibition to enforce exclusive right “NOT TO TAKE the Second, Duplicate APPEAL” in case 21-3542, from non-final Orders, (Ecf.156,194), may not be over-ridden by counsels and Appeal Court by Court’s erroneous dismissing First appeal case 20-4153 (Ecf.164,196) filed on June 03,2021 titled, “Amended rage Z| 44 Notice of Appeal and Motion Seeking Remand due to lack of Finality to adjudicate all habeas claims in Petition(Ecf.35) and in state court record judiciable under Fed. R. Civ. P. 15(b)(2) when “unopposed Fed. R. App. P. 42(b(2) Motions for Voluntary dismissal of unauthorized, duplicate case 21-3542” was sought but erroneously denied, in lack of jurisdiction, to avoid Remand back to district court whose failed to specifically rule upon all claims in Petition R&R (Doc.88), Timely Objected in Objections Doc.#147 and190). QUESTION(d) Can Court of Appeals avoid duty to determine first the “lack of finality of appealed judgment” (Ecf.156,194), explicitly listed in ECF.Doc.196. filed on June 03,2021 titled, “Amended Notice of Appeal and Motion Seeking Remand due to lack of Finality”, raised in (Ecf 177 filed at para 3 and 30; With Unadjudicated ) nineteen habeas claims in Petition(Doc.35) and fifty claims in state court record, judiciable under Fed. R. Civ. P. 15(b)(2) and counsels by misconduct not raising Lack of finality, by disloyalty, abandonment, hostile intentional deficient pleadings, irreconcilable conflict, disregarding the Petitioner’s decision to not to take an appeal and not to seek COA (violating agency) counsels filing second, duplicate appeal, not authorized by Petitioner, counsels Not seeking Remand back to district court to adjudicate all claims for finality. Page 3|14

Docket Entries

2025-02-24
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of mandamus and/or prohibition is dismissed. See Rule 39.8.
2025-01-16
DISTRIBUTED for Conference of 2/21/2025.
2024-12-27
Waiver of Tim Shoop, Warden of right to respond submitted.
2024-12-27
Supplemental response filed by respondent Tim Shoop, Warden.
2024-12-27
Waiver of right of respondent Bill Cool, Warden to respond filed. (Docket entry corrected February 6, 2025)
2024-10-31
Motion to extend the time to file a response is granted and the time is further extended to and including December 27, 2024.
2024-10-30
Motion to extend the time to file a response from November 27, 2024 to December 27, 2024, submitted to The Clerk.
2024-10-09
Motion to extend the time to file a response is granted and the time is extended to and including November 27, 2024.
2024-10-08
Motion of Tim Shoop, Warden for an extension of time submitted.
2024-10-08
Motion to extend the time to file a response from October 28, 2024 to November 27, 2024, submitted to The Clerk.
2024-09-16
Petition for a writ of mandamus and/or prohibition and motion for leave to proceed in forma pauperis filed. (Response due October 28, 2024)

Attorneys

In Re Nawaz Ahmed
Nawaz Ahmed — Petitioner
Tim Shoop, Warden
Michael Jason HendershotOhio Attorney General's Office, Respondent