No. 19-5580

In Re Sebastian Eccleston

Lower Court: N/A
Docketed: 2019-08-13
Status: Dismissed
Type: IFP
Response RequestedResponse WaivedIFP
Tags: 28-usc-1651 appellate-jurisdiction court-of-appeals extraordinary-circumstances extraordinary-writ federal-prisoner judicial-discretion mandamus post-conviction statutory-interpretation writ-of-mandamus
Key Terms:
HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the exceptional circumstances of this case warrant the exercise of this Court's discretionary powers to issue a writ of mandamus pursuant to 28 U.S.C. § 1651(a)

Question Presented (from Petition)

QUESTION PRESENTED In 2016, Sebastian Eccleston, a federal prisoner, filed a motion in the court of appeals requesting authorization to pursue a second or successive post-conviction action in the district court. Section 2244(b)(3)(D) of the federal post-conviction statute specifies that “[tlhe court of appeals shall grant or deny . . . authorization to file a second or successive application not later than 30 days after the filing of [a] motion” for authorization. The court of appeals (for unspecified reasons) sua sponte abated Mr. Eccleston’s motion and—over Mr. Eccleston’s objection—has kept the case abated without explanation for more than three years. The following question is presented: Whether the exceptional circumstances of this case warrant the exercise of this Court’s discretionary powers to issue a writ of mandamus pursuant to 28 U.S.C. § 1651(a). ii

Docket Entries

2019-11-15
Petition Dismissed - Rule 46.
2019-10-29
Motion to dismiss under Rule 46 filed by counsel for petitioner.
2019-10-28
Supplemental brief of petitioner Sebastian Eccleston filed.
2019-10-09
Motion to extend the time to file a response is granted and the time is extended to and including November 15, 2019.
2019-10-08
Motion to extend the time to file a response from October 16, 2019 to November 15, 2019, submitted to The Clerk.
2019-09-16
Response Requested. (Due October 16, 2019)
2019-08-29
DISTRIBUTED for Conference of 10/1/2019.
2019-08-21
Waiver of right of respondent United States to respond filed.
2019-08-01
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due September 12, 2019)

Attorneys

In Re Sebastian Eccleston
Josh LeeFederal Public Defender, Petitioner
Josh LeeFederal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent