No. 22-239

Krishna Maharaj v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2022-09-14
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: 28-usc-2244 appellate-review court-of-appeals evidence evidence-consideration federal-procedure habeas-corpus jurisdiction jurisdictional-bar successive-petition
Key Terms:
HabeasCorpus Punishment Securities Privacy JusticiabilityDoctri
Latest Conference: 2022-10-07
Question Presented (AI Summary)

Whether a district court is jurisdictionally barred from considering evidence supporting a claim in a second or successive habeas petition that the court of appeals has not specifically identified in its authorization order

Question Presented (OCR Extract)

QUESTION PRESENTED When a court of appeals authorizes adjudication of a claim in a second or successive habeas petition pursuant to 28 U.S.C. 2244(b)(3)(A), is the district court adjudicating the claim jurisdictionally barred from considering any evidence supporting the claim that the court of appeals has not specifically identified in its authorization order, as the court of appeals held in this case, or does the district court have the power to consider all evidence that bears directly on the authorized claim, as the Seventh Circuit has held?

Docket Entries

2022-10-11
Petition DENIED.
2022-09-21
DISTRIBUTED for Conference of 10/7/2022.
2022-09-20
Waiver of right of respondent Secretary, Florida Department of Corrections; Warden, South Florida Reception Center; Florida Attorney General to respond filed.
2022-09-12
Petition for a writ of certiorari filed. (Response due October 14, 2022)
2022-08-03
Application (22A93) granted by Justice Thomas extending the time to file until September 12, 2022.
2022-08-01
Application (22A93) to extend the time to file a petition for a writ of certiorari from August 11, 2022 to October 10, 2022, submitted to Justice Thomas.

Attorneys

Krishna Maharaj
Donald B. Verrilli Jr.Munger, Tolles & Olson LLP, Petitioner
Donald B. Verrilli Jr.Munger, Tolles & Olson LLP, Petitioner
Secretary, Florida Department of Corrections; Warden, South Florida Reception Center; Florida Attorney General
Magaly RodriguezOffice of the Attorney General, Respondent
Magaly RodriguezOffice of the Attorney General, Respondent