No. 24-5642

Nawaz Ahmed v. Bill Cool, Warden

Lower Court: Sixth Circuit
Docketed: 2024-09-26
Status: Dismissed
Type: IFP
IFP
Tags: appellate-jurisdiction federal-civil-procedure finality-of-judgment habeas-corpus motion-to-dismiss voluntary-dismissal
Key Terms:
DueProcess HabeasCorpus Patent Privacy
Latest Conference: 2025-02-21
Question Presented (AI Summary)

Whether the Court of Appeals lacks appellate jurisdiction to proceed in appeal case 21-3542 due to district court orders lacking finality and failure to adjudicate all claims

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW ; QUESTION(a) Is Court of Appeals lack Appellate Jurisdiction to proceed in appeal case 21-3542 by COA on some claim because district court Orders (Ecf.156,194) lack finality due to district court failure to adjudicate all claims in First Petition (Doc.35) and all claims in statecourt record judiciable under Fed. R. Civ. P. 15(b)(2) as cited in unopposed (Ecf 177 filed 12/22/20), 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 Appeal case 20-4153, wrongly dismissed by court, must be reinstated, and mischiefs of misconstruction be prevented by writ of Certiorari 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 exclusive right “NOT TO TAKE the Second, Duplicate APPEAL” in case 21-3542, from non-final Orders, (Ecf.156,194), cannot be over-ridden by counsels and by Appeal Court by Court erroneously dismissing First jurisdictionally sound appeal case 20-4153 (Ecf.164,196) seeking Remand Back 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, second, duplicate case 21-3542” was sought but erroneously denied, in lack of jurisdiction, to avoid Remand back to district court whose Opinion failed to specifically rule upon all claims in Petition (DOC.35), in ROW R&R (Doc.88), Timely Objections (DOC.105 and Supplemental Objections(Doc.147) and (Doc.190) and those claims judiciable under Fed. R. Civ. P. 15(b)(2). QUESTION(d) Can Court of Appeals avoid its foremost 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; and . lacking adjudication of 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, 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. Page 3|15 LIST. OF PARTIES [ ] All parties appear in the caption of the case on the cover page. [ ] All parties do not appear in the caption of the case on the cover page. A list of all

Docket Entries

2025-02-24
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2025-01-16
DISTRIBUTED for Conference of 2/21/2025.
2024-12-27
Brief of Shoop, Warden in opposition submitted.
2024-12-27
Brief of respondent Tim Shoop, Warden in opposition filed.
2024-12-27
Brief of respondent Bill Cool, Warden in opposition filed.
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 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 certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 28, 2024)
2024-07-15
Application (24A35) granted by Justice Kavanaugh extending the time to file until September 14, 2024.
2024-06-26
Application (24A35) to extend the time to file a petition for a writ of certiorari from July 16, 2024 to September 14, 2024, submitted to Justice Kavanaugh.

Attorneys

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