No. 20-1704

RonRico Simmons, Jr. v. United States

Lower Court: Sixth Circuit
Docketed: 2021-06-09
Status: Denied
Type: Paid
Amici (1)Relisted (3) Experienced Counsel
Tags: aedpa evidentiary-hearing government-impediment habeas-corpus limitations-period pro-se timeliness
Key Terms:
HabeasCorpus Punishment
Latest Conference: 2021-10-29 (distributed 3 times)
Question Presented (AI Summary)

Whether a court can summarily dismiss a pro se habeas petition as untimely for failure to adequately allege a causal connection

Question Presented (OCR Extract)

QUESTION PRESENTED To promote the finality of criminal judgments, the Antiterrorism and Effective Death Penalty Act (AEDPA) generally imposes a one-year limitations period on habeas petitions. Recognizing the fundamental importance of the habeas writ to our constitutional freedoms, however, AEDPA also provides several exceptions to that limit, including when a government impediment “in violation of the Constitution or laws of the United States” “prevent[s]” prisoners from timely filing their petitions. 28 U.S.C. § 2255(f)(2). AEDPA also provides that, when a court cannot decide a habeas motion on the pleadings, it must conduct an evidentiary hearing “[u]nless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief.” 28 U.S.C. § 2255(b). The question presented is: whether a court can summarily dismiss a pro se habeas petition as untimely for failure to adequately allege a causal connection when petitioner explains how a government impediment “prevented” him from filing timely, but does not allege with specificity how he discovered and attempted to remedy that impediment. (i)

Docket Entries

2021-11-01
Petition DENIED. Statement of Justice Sotomayor, with whom Justice Kagan joins, respecting the denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/21pdf/20-1704_09m1.pdf'>Opinion</a>)
2021-10-25
DISTRIBUTED for Conference of 10/29/2021.
2021-10-12
DISTRIBUTED for Conference of 10/15/2021.
2021-10-12
Rescheduled.
2021-10-05
Rescheduled.
2021-09-22
DISTRIBUTED for Conference of 10/8/2021.
2021-09-21
Reply of petitioner Simmons filed. (Distributed)
2021-09-08
Brief of respondent United States in opposition filed.
2021-07-22
Motion to extend the time to file a response is granted and the time is further extended to and including September 8, 2021.
2021-07-21
Motion to extend the time to file a response from August 9, 2021 to September 8, 2021, submitted to The Clerk.
2021-07-09
Brief amicus curiae of Rights Behind Bars filed.
2021-07-01
Motion to extend the time to file a response is granted and the time is extended to and including August 9, 2021.
2021-06-30
Motion to extend the time to file a response from July 9, 2021 to August 9, 2021, submitted to The Clerk.
2021-06-04
Petition for a writ of certiorari filed. (Response due July 9, 2021)

Attorneys

Rights Behind Bars
Oren Nissim NimniRights Behind Bars, Amicus
Simmons
Neal Kumar KatyalHogan Lovells US LLP, Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent