No. 19-8315

Todd Michael Vincent v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-04-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeals appellate-procedure certificate-of-appealability civil-procedure district-court due-process federal-courts habeas-corpus judicial-review rule-60b section-2255 statutory-interpretation
Key Terms:
HabeasCorpus Securities
Latest Conference: 2020-05-15
Question Presented (AI Summary)

Is issuance of a certificate of appealability a prerequisite to appealing the denial of a Rule 60(b) motion?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED . Question One A review of an order denying a Rule 60(b) motion does not involve the validity of the underlying judgment. Yet, the Eleventh Circuit, like most federal circuits, requires a certificate of appealability before a Rule 60(b) Movant may appeal. Nowhere in the governing statutes——28 U.S.C. §§ 1291, 2253——does such a requirement appear. : Is issuance of a certificate of appealability a prerequisite to appealing the denial of a Rule 60(b) motion? Question Two : This Court provides that every prisoner is entitled to a complete § 2255 motion, which requires the district court to correctly apply the law. When a retroactive ruling of this Court demonstrates: (1) that the district court's : earlier timeliness ruling is wrong, and (2) the petitioner's guilty plea was ' unknowing and involuntarily, then the § 2255 proceeding's integrity is ruptured. Does a Supreme Court decision that shows a district court applied the wrong rule constitute an , extraordinary circumstance that entitles a Rule 60(b)(6) movant to relief from § 2255 judgment?

Docket Entries

2020-05-18
Petition DENIED.
2020-04-29
DISTRIBUTED for Conference of 5/15/2020.
2020-04-23
Waiver of right of respondent United States to respond filed.
2020-04-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 21, 2020)
2020-01-17
Application (19A794) granted by Justice Thomas extending the time to file until April 12, 2020.
2020-01-05
Application (19A794) to extend the time to file a petition for a writ of certiorari from February 12, 2020 to April 12, 2020, submitted to Justice Thomas.

Attorneys

Todd Michael Vincent
Todd Michael Vincent — Petitioner
Todd Michael Vincent — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent