Question Presented (from Petition)
QUESTION PRESENTED Federal Rule of Civil Procedure 60(b)(1) authorizes relief from final judgment based on “mistake,” as well as inadvertence, surprise, or excusable neglect. The question presented is: Whether Rule 60(b)(1) authorizes relief based on a district court’s error of law. i RELATED CASES 28 U.S.C. § 2255 Proceedings Below: e Kemp v. United States, No. 20-10958 (11th Cir. May 25, 2021) (opinion affirming dismissal of Rule 60(b) motion for relief from final judgment in the 28 U.S.C. § 2255 proceeding) e Kemp v. United States, No. 15-cv-21702 (S.D. Fla. Feb. 5, 2020) (order dismissing and denying Rule 60(b) motion for relief from final judgment on the 28 U.S.C. § 2255 motion) e Kemp v. United States, No. 18-cv-23173 (S.D. Fla. Nov. 15, 2018) (order closing case after mistakenly docketing the Rule 60(b) motion as a second or successive 28 U.S.C. § 2255 motion) Underlying Criminal Proceedings: e United States v. Kemp, et al., No. 12-10990 (11th Cir. Nov. 15, 2013) (opinion affirming convictions and sentences on direct appeal) e United States v. Kemp, et al., No. 10-cr-20410 (S.D. Fla. Feb. 17, 2012) (judgment of conviction imposing 420-month sentence) e United States v. Kemp, No. 10-cr-20224 (S.D. Fla. July 9, 2010) (order dismissing indictment without prejudice) ii
2022-06-13
Adjudged to be AFFIRMED. Thomas, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/21pdf/21-5726_5iel.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Breyer, Alito, Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined. Sotomayor, J., filed a concurring opinion. Gorsuch, J., filed a dissenting opinion.
2022-04-19
Argued. For petitioner: Andrew L. Adler, Assistant Federal Public Defender, Ft. Lauderdale, Fla. For respondent: Benjamin W. Snyder, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
2022-04-08
Reply of petitioner Dexter Earl Kemp filed. (Distributed)
2022-03-24
Brief of respondent United States filed. (Distributed)
2022-03-17
The record from the U.S.D.C. Southern Dist. of Florida (Miami) is electronic and located on Pacer.
2022-03-17
The record from the U.S.C.A. 11th Circuit is electronic and located on PACER.
2022-03-16
Record requested from the U.S.C.A. 11th Circuit.
2022-03-15
ARGUMENT SET FOR Tuesday, April 19, 2022.
2022-03-01
Brief amicus curiae of New Civil Liberties Alliance filed.
2022-02-22
Brief of petitioner Dexter Earl Kemp filed.
2022-02-22
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
2022-02-04
Motion to dispense with printing the joint appendix filed by petitioner Dexter Earl Kemp.
2022-01-10
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
2021-12-09
Reply of petitioner Dexter Earl Kemp filed. (Distributed)
2021-12-09
DISTRIBUTED for Conference of 1/7/2022.
2021-12-07
Waiver of the 14-day waiting period under 15.5 filed.
2021-12-03
Brief of respondent United States in opposition filed.
2021-11-15
Motion to extend the time to file a response is granted and the time is further extended to and including December 3, 2021.
2021-11-12
Motion to extend the time to file a response from November 19, 2021 to December 3, 2021, submitted to The Clerk.
2021-10-13
Motion to extend the time to file a response is granted and the time is extended to and including November 19, 2021.
2021-10-12
Motion to extend the time to file a response from October 20, 2021 to November 19, 2021, submitted to The Clerk.
2021-09-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 20, 2021)