Gumkowski v. Lynds
| MATTHEW GUMKOWSKI |
| SHEILA KELLY, Superintendent, MCI Concord and JOANN LYNDS, Superintendent, MCI Shirley |
| 25-1890 |
| September 25, 2025 |
| U.S. Court of Appeals, First Circuit |
| General (Habeas Corpus) |
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ORDER granting motion to extend time to file brief and appendix filed by Appellant Matthew Gumkowski. Brief and Appendix due 05/08/2026 for appellant Matthew Gumkowski. We are disinclined to grant a request for further enlargement of this deadline. [25-1890] (ALW) [Entered: 03/11/2026 09:45 AM]
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| ASSENTED TO MOTION to extend time to file brief and appendix filed by Appellant Matthew Gumkowski. Served on 03/09/2026. [25-1890] (MJF) [Entered: 03/09/2026 02:32 PM] |
| BRIEFING schedule set. Brief and Appendix due 03/09/2026 for appellant Matthew Gumkowski. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 21 days following service of appellee's brief. [25-1890] (ALW) [Entered: 01/28/2026 10:38 AM] |
| Public docket note: Pursuant to Fed. R. App. P. 43(c)(2), Joann Lynds, Superintendent of MCI Shirley has been substituted for Sheila Kelly, Superintendent as the defendant-appellee. [25-1890] (ALW) [Entered: 12/02/2025 12:52 PM] |
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ORDER entered: his court has docketed this appeal from the denial of a final order entered in a proceeding brought pursuant to 28 U.S.C. 2254. The case cannot go forward unless a certificate of appealability issues. 28 U.S.C. 2253. The district court issued a certificate of appealability as to the following issue[s]: (1) that Petitioner received ineffective assistance from state court trial counsel when counsel failed to object to a jury instruction that he contends required the jury to find irrelevant facts and that improperly required him to prove his own innocence; (2) that Petitioner received ineffective assistance of counsel when his trial counsel failed to object to jury instructions and a hypothetical regarding direct and circumstantial evidence, where the hypothetical acted as a roadmap as to how the jury could put together [a] chain of circumstantial evidence to find him guilty; (3) that Petitioner received ineffective assistance from trial counsel when counsel failed to object to jury instructions regarding witness credibility that he contends effectively deprived him of his right to testify on his own behalf and put on a defense, including an instruction regarding contradictions between exhibits and witnesses that he claims improperly required the jury to discount his testimony to the extent that it was contradicted by his interview with law enforcement,; and an instruction regarding the jurys understanding of a video recording from his interview with law enforcement; and (4) that the cumulative effect of the erroneous jury instructions violated Petitioner's due process rights. If appellant wants appellate review of any issue as to which the district court did not issue a certificate of appealability, appellant must apply to the court of appeals for an expanded certificate of appealability by November 24, 2025 . 1st Cir. R. 22.0(c)(2). Appellant's memorandum requesting an expanded certificate of appealability must be explicit as to the additional issues the appellant wishes this court to consider, giving specific and substantial reasons, and not mere generalizations, why an expanded certificate of appealability should issue, and should be accompanied by a copy of the district court order. 1st Cir. R. 22.0(c)(2). After November 24, 2025 , if appellant fails to apply for an expanded certificate of appealability, then the appeal will proceed only with respect to the issue or issues as to which the district court issued a certificate of appealability. [25-1890] (ALW) [Entered: 10/23/2025 11:45 PM]
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ORDER entered: Pursuant to Fed. R. App. P. 43(c)(2), it is hereby ordered that Joann Lynds, Superintendent be substituted for Sheila Kelly, Superintendent as defendant-appellee. [25-1890] (ALW) [Entered: 10/23/2025 11:07 PM]
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| NOTICE of appearance on behalf of Appellee Sheila Kelly filed by Attorney Tara L. Johnston. Served on 10/22/2025. [25-1890] (TLJ) [Entered: 10/22/2025 01:41 PM] |
| NOTICE of appearance on behalf of Appellant Matthew Gumkowski filed by Attorney Michael J. Fellows. Served on 10/21/2025. [25-1890] (MJF) [Entered: 10/21/2025 10:57 AM] |
| DOCKETING statement filed by Appellant Matthew Gumkowski. Served on 10/21/2025. [25-1890] (MJF) [Entered: 10/21/2025 11:06 AM] |
| NOTICE of default and intent to dismiss issued. The appellant is directed to file an appearance form and docketing statement or this case will be dismissed for lack of prosecution in accordance with 1st Cir. R. 3.0(b). Appearance form and Docketing Statement due 10/24/2025 . [25-1890] (ALW) [Entered: 10/10/2025 12:11 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #32) filed by Appellant Matthew Gumkowski. Docketing Statement and Appearance form due 10/09/2025 . [25-1890] (ALW) [Entered: 09/25/2025 10:52 PM] |
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