No. 21-8147
John P. Tomkins v. United States
Response WaivedRelisted (2)IFP
Tags: 28-usc-2255 appeals appellate-procedure certificate-of-appealability civil-procedure court-fees due-process federal-prisoners judicial-review section-2255-motion
Key Terms:
DueProcess HabeasCorpus
DueProcess HabeasCorpus
Latest Conference:
2022-11-10
(distributed 2 times)
Question Presented (AI Summary)
Have the lower courts imposed too high of a standard on federal prisoners who seek a certificate of appealability following the denial of a 28 U.S.C. § 2255 motion?
Question Presented (from Petition)
QUESTION PRESENTED 1. Have the lower courts imposed too high of a standard on _ po 4e federal prisoners who seek a certificate of appealability following the denial of a 28 U.S.C. § 2255 motion? 2. Are federal prisoners required to pay a $505.00 fee to apply for a certificate of appealability following the denial of a 28 U.S.C. § 2255 motion even when the appeal is not allowed? a \
Docket Entries
2022-10-25
Motion DISTRIBUTED for Conference of 11/10/2022.
2022-10-13
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2022-10-03
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 24, 2022, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2022-06-23
DISTRIBUTED for Conference of 9/28/2022.
2022-06-17
Waiver of right of respondent United States to respond filed.
2022-05-31
Application (21A763) granted by Justice Kavanaugh extending the time to file until March 9, 2022.
2022-02-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2022)
2022-02-04
Application (21A763) to extend the time to file a petition for a writ of certiorari from February 7, 2022 to March 9, 2022, submitted to Justice Kavanaugh.
Attorneys
United States
Elizabeth B. Prelogar — Solicitor General, Respondent
Elizabeth B. Prelogar — Solicitor General, Respondent