No. 18-6494
Terrance Johnson v. United States
Response WaivedIFP
Tags: abuse-of-discretion civil-procedure discretionary-review district-court due-process evidentiary-hearing habeas-corpus judicial-procedure motion-to-reopen post-conviction-relief rule-60(b) rule-60b section-2255 standard-of-review
Key Terms:
HabeasCorpus
HabeasCorpus
Latest Conference:
2018-11-30
Question Presented (AI Summary)
Did the district court abuse its discretion by denying the Rule 60(b) motion without discovery or an evidentiary hearing?
Question Presented (OCR Extract)
QUESTION(S) PRESENTED In 2013, the district court applied an incorrect legal standard when denying Terrance Johnson's §2255. In 2016, Mr. Johnson sought to reopen the §2255 in order to have the district court apply the correct standard and adjudicate the merits of the unanswered claim. The district court summarily denied the Rule 60(b) motion. Question | Did the district court abuse its discretion by denying the Rule 60(b) motion without discovery or an evidentiary hearing? | | | | j Oe ~ . . : ae y
Docket Entries
2018-12-03
Petition DENIED.
2018-11-14
DISTRIBUTED for Conference of 11/30/2018.
2018-11-07
Waiver of right of respondent United States to respond filed.
2018-08-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 29, 2018)
2018-07-19
Application (18A45) granted by Justice Thomas extending the time to file until August 30, 2018.
2018-06-30
Application (18A45) to extend the time to file a petition for a writ of certiorari from July 1, 2018 to August 30, 2018, submitted to Justice Thomas.
Attorneys
United States
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent