No. 21-7928

Timothy Lindsey v. United States

Lower Court: Fifth Circuit
Docketed: 2022-05-20
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 28-usc-2255 acca-enhanced-sentence acca-enhancement circuit-split gatekeeping-standard generic-burglary johnson-motion johnson-v-united-states reasonable-jurists subject-matter-jurisdiction successive-motion
Key Terms:
HabeasCorpus Privacy
Latest Conference: 2022-06-16
Question Presented (AI Summary)

Did the district court have jurisdiction to consider Mr. Lindsey's authorized motion?

Question Presented (OCR Extract)

QUESTIONS PRESENTED As required by 28 U.S.C. § 2255(h)(2), Mr. Lindsey secured prefiling authorization from the Fifth Circuit before filing a successive motion to vacate his ACCA-enhanced sentence under Johnson v. United States, 576 U.S. 591 (2015). Yet the district court and the Fifth Circuit concluded that the district court lacked subject-matter jurisdiction to adjudicate the authorized motion. 1. Did the district court have jurisdiction to consider Mr. Lindsey’s authorized motion? ; 2. Considering two materially identical “burglary” statutes, the Fifth Circuit and the Seventh Circuit drew divergent conclusions about the theory constituted generic burglary. Could reasonable jurists debate the merits of Mr. Lindsey’s § 2255(h)(2) motion? 1

Docket Entries

2022-06-21
Petition DENIED.
2022-06-01
DISTRIBUTED for Conference of 6/16/2022.
2022-05-26
Waiver of right of respondent United States to respond filed.
2022-05-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 21, 2022)

Attorneys

Timothy Lindsey
James Matthew WrightOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent