No. 24-7394

Edwin D. Calligan v. United States

Lower Court: Seventh Circuit
Docketed: 2025-06-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability fourteenth-amendment ineffective-assistance judicial-disqualification procedural-grounds sixth-amendment
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether jurists of reason would find it debatable that a Certificate of Appealability (COA) should have been issued under Slack v. McDaniel after the District Court dismissed constitutional claims on procedural grounds

Question Presented (OCR Extract)

1. ) Whether jurists of reason would find it debatable that a Certificate of Appealability ("COA") should have been issued under Slack v. McDaniel , 529 U.S. 473 (2000), after the District Court dismissed Calligan's Sixth and Fourteenth Amendment §§455(b) Disqualification of a Judge's claim on procedural grounds, without holding an evidentiary hearing or reaching the merits of that underlying constitutional claim and whether jurists of reason would find it debatable whether the District Court was correct in its procedural ruling that, the claim could be waived where clearly established federal law states that a §§455(b) issue cannot be waived. 2. ) Whether jurists of reason would find it debatable that a COA should have been issued under Slack v. McDaniel , 529 U.S. 473 (2000), after the District Court dismissed Calligan's Sixth Amendment, ineffective assistance of counsel claim on procedural grounds ["untimely ”], where jurists of reason would find it debatable that (1) the District Court's assessment of the constitutional claim was debatable or wrong; and (2) the District Court was correct in its procedural ruling when Calligan's §§2255 motion was filed within one year of the denial of his timely petition for Writ of Certiorari.-i

Docket Entries

2025-10-06
Petition DENIED.
2025-06-18
DISTRIBUTED for Conference of 9/29/2025.
2025-06-13
Waiver of United States of right to respond submitted.
2025-06-13
Waiver of right of respondent United States to respond filed.
2025-03-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 10, 2025)

Attorneys

Edwin C. Calligan
Edwin D. Calligan — Petitioner
Edwin D. Calligan — Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent