CERTIFICATION REVIEW (Aug.

15, o ID CR12345, IC CV12345 =

2022) cc connection
o ID CV12345, IC CR12345 =
● Do not connect 1983 cases if they cc connection
talk about DIFFERENT issues
o ID CV12345 (2254 case), IC
● Connect 1983 case to the CV56789 (2254 case) = cc
underlying criminal action if connection
complains about the legality of arrest
or talks about the criminal o ID CR 12345, IC CV12345
proceeding (2254/2255 case) = cc
connection
● Exceptions to cc connection
o ID CV12345, IC CV12345
o Three strikes rule / vexatious (2254/2255) = s connection
litigant – do not automatically
connect cited cases o ID B123456 (state case), IC
whenever TSR or vexatious CV/CR (FDC case) = cc
litigant; must check if they connection
involve same issue, facts,
then connect. o Cc/ habeas corpus denied,
dismissed not cc/habeas
o When to use cc related on corpus denied, habeas
the cited cases? - page 31 dismissed (same as post
LEG conviction phrases)

● FDC can only invalidate another o If there is a conflict with the

FDC case if issued by the same reference and the statute
authority (judge) = HAS used by the court, the statue
AUTHORITY governs

● If FDC relied on USSC to invalidate o GR (basic principle): s

a State case = with authority by connection is only for cases
virtue of intervening authority with the same docket number

o Case relied on must have ▪ XPNs: transfer cases

authority to invalidate (transferred by –
transferred to)
● FDC relied on 6th circuit case to
invalidate a 7th Circuit case = no ▪ Social security case
authority, different circuits has been remanded
by the FDC to the
● If autocite is not available on HWT, commissioner, the
connect the case to HMT commissioner issued
another decision, the
● History connection party appealed the

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 new decision to the reconsideration of the
FDC Sept. 1, 2021 order

SS 🡪 FDC cv1234 Sept. 1, 2021 order

(remand) 🡪 SS 🡪 should be available in
FDC cv5678 = s order to use the relate
connection back phrase
ReD/ReG
▪ Removal scenarios
(5.1.9) – FDC ▪ Matching order
removed to State Ex: IC – the case
(remand) – s before this Court is a
connection; if no motion for
remand – cc reconsideration of the
connection granting the motion to
dismiss.
● cc/related proceeding
o Always check the There should be an
factual/procedural order granting the
background dismissal or in the
o Similar grounds/companion history chain, you see
case/similar claims a s/dismissed by case
o Check the dates
o Commonality of at least 1 ● RRAO match
party o RR same date, same
o Commonality of jurisdiction recommendation as being
o Commonality of issues/facts referred to in the AO
o Family law ▪ Ex: AO – the
o Foreclosure – same property, magistrate judge
specific address recommended that
o Estate of…. = use the name the action be
of the deceased party in the dismissed
unrestricted name search
RR – we recommend
● Relate back cases that the stay be
o You can only use relate back denied
phrases if the relate back
case (case directly impacted) Should not be
is AVAILABLE or If the connected as
orders/dates MATCH adopted because the
recommendation of
o When to know if available or the RR is different
not: from the adopting
▪ Matching dates order
Ex: IC – the case
before this Court is a o If the IC states “adopted and
motion for affirmed” – do not use the

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 phrase “affirmed” = not o Validity – most regulations
allowed fall under validity treatment
except if the regulation is
● Mini chain – even if they have the questioned on
same docket number, each constitutionality
defendant creates a new stack;
pagsamasamahin ang pare-pareho o Statue is “at issue” – ff, cr, ii
▪ If there is a dispute as
o Co-defs to the applicability or
▪ Ex: A, B, C, D, E meaning of the
cr12345 statute – parties
▪ Cases that involve B, dispute or the court
stack B brings up the issue

A o ff – different from “f” ; most

B reliance language of “f”
B treatment is not applicable to
B ff
B
B usually paired with “na”
C
C o na – statute is inapplicable to
C the case
C
C o cr – “cited case”
determining/saying that a
statute
● Lettering
o su – a cited case relied on a
statute as basis for its o ii – interprets, construction,
conclusion; there is a define the term
subsequent
amendment/enactment of the one party relies on case,
statute providing their own
o typical languages – interpretation or application
legislatively replaced, of the case, the court would
legislatively overruled, correct the party’s
overruled by statute interpretation/reading

● Statute Letters ascertaining legislative

o Constitutionality – if there is a intent/history
constitutional issue
(reference to the Constitution o rt – retroactivity
(1st Amendment, Clauses,
preemption – Supremacy mere mentioning of
Clause, constitutional) retroactivity does not warrant

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rt; it should have a
discussion/effect on the case

rt absorbs ff/na