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Caleb L. McGillvary v. Jennifer Davenport, Attorney General of New Jersey, et al.

IFP petition · United States Court of Appeals for the Third Circuit, No. 25-2159 · judgment September 30, 2025


Pending

Questions presented

1.) Is the practice of numerous Courts of Appeals, summarily denying pro se habeas appeals by copy and pasted boilerplate without full review, or sometimes without any judicial review at all of the papers, a deprivation of Due Process requiring the Supreme Court to exercise its oversight and direct the Courts of Appeals to provide sufficient safeguards to guarantee Due Process in pro se habeas corpus cases? 2.) When the issue of exhaustion was waived by the State, and not raised by the District Court; does it wreak a fundamental unfairness and manifest injustice upon Petitioner, for it to be raised by the Court of Appeals sua sponte, without briefing, on application for Certificate of Appealability? 3.) When the factual bases of claims; that Petitioner made a timely pre­ trial written request to self-represent, and that the State withheld evidence until after trial that the family of the alleged victim bribed two state witnesses $150,000 each; have been raised in the District Court but not reached by its opinion- is the finding of the Court of Appeals that the claims lack "arguable merit" on application for COA made without jurisdiction as held by Miller-El v. Cockrell, 537 U. S. 322, 336, 123 S. Ct. 1029, 154 L. Ed. 2d 931 (2003)?

Counsel of record

For petitioner
Caleb L. McGillvary

For respondent
Amanda Gerilyn Schwartz
New Jersey Division of Criminal Justice

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 18 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Jun 15 2026
    Waiver of right of respondent Jennifer Davenport, Attorney General of New Jersey, et al. to respond filed.
  3. Jan 08 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 10, 2026)