No. 20-7472

David Maurice Milner v. United States

Lower Court: Fifth Circuit
Docketed: 2021-03-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeals certificate-of-appealability civil-procedure fifth-circuit habeas-corpus judicial-review jurisdiction reconsideration rule-59-motion section-2255 successive-motions
Key Terms:
HabeasCorpus
Latest Conference: 2021-04-16
Question Presented (AI Summary)

Whether the Fifth Circuit's denial of a certificate of appealability

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the Fifth Circuit’s denial of a certificate of appealability, where the district court ruled it lacked jurisdiction to consider Mr. Milner’s Rule 59(e) motion for reconsideration of the district court’s summary denial of Mr. Milner’s § 2255 motion to vacate, on grounds that Milner’s Rule 59 motion was barred as an impermissibly successive § 2255 motion, is irreconcilable with this Court’s holding in Banister v. Davis, 140 S.Ct. 1698 (2020), such that this Court should remand to the United States Court of Appeals for the Fifth Circuit with , instructions to issue a certificate of appealability?

Docket Entries

2021-04-19
Petition DENIED.
2021-04-01
DISTRIBUTED for Conference of 4/16/2021.
2021-03-25
Waiver of right of respondent United States to respond filed.
2021-03-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 16, 2021)

Attorneys

David M. Milner
David Maurice Milner — Petitioner
David Maurice Milner — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent