No. 21-7164
Response WaivedIFP
Tags: certificate-of-appealability circuit-split civil-procedure federal-rules-civil-procedure federal-rules-of-civil-procedure habeas-corpus magistrate-judge post-conviction-relief subject-matter-jurisdiction unreviewable-determination
Key Terms:
HabeasCorpus
HabeasCorpus
Latest Conference:
2022-03-18
Question Presented (AI Summary)
Whether a certificate of appealability should issue
Question Presented (OCR Extract)
QUESTIONS PRESENTED 1. Whether a certificate of appealability should issue where there is a conflict in the Circuits concerning the ability to employ Fed.R.Civ.P. 60(b) by a petitioner in a 2255 proceeding. 2. Whether Fed.Civ.P. 60(b) may be employed to review defects in subject matter jurisdiction. 3. Whether core judicial powers may be delegated to the unreviewable determination of a magistrate judge. i
Docket Entries
2022-03-21
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2022-03-03
DISTRIBUTED for Conference of 3/18/2022.
2022-02-28
Waiver of right of respondent United States to respond filed.
2021-11-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 24, 2022)
Attorneys
Charles Pyne
Charles K. Pyne — Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent