No. 22-5194

Maxo Jean v. United States

Lower Court: Second Circuit
Docketed: 2022-07-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 appeals appellate-procedure criminal-procedure federal-rules-of-appellate-procedure habeas-corpus judicial-discretion jurisdiction motion-to-vacate timeliness timely-filing
Key Terms:
HabeasCorpus
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether the appeals court abused its discretion by dismissing petitioner's notice of appeal from the denial of a motion to vacate, filed pursuant to 28 U.S.C. § 2255, as to untimeliness?

Question Presented (from Petition)

QUESTION(S) PRESENTED WHETHER THE APPEALS COURT ABUSED ITS DISCRETION BY DIS-~MISSING PETITIONER'S "NOTICE OF APPEAL" FROM THE DENIAL OF A MOTION TO VACATE, FILED PURSUANT TO 28 U.S.C. § 2255, AS TO UNTIMELINESS? WHETHER THE APPEALS COURT ABUSED ITS DISCRETION BY REFUSING TO ENTERTAIN JURISDICTION TO REVIEW THE DENIAL OF A 28 U.S.C. § 2255 "MOTION TO VACATE", -BASED ON AN UNTIMELY FILING OF A NOTICE OF APPEAL, WHEN THE DISTRICT COURT HAD RULED THAT THE NOTICE OF APPEAL WAS TIMELY FILED IN ACCORDANCE WITH RULE 4(a)(6), OF THE FEDERAL RULES. OF APPELLATE PROCEDURE? CAN THE COURT OF APPEALS GRANT MOTIONS FOUR MONTHS LATER THE SAME COURT DENIED AND DISMISSED THE SAME MOTIONS?

Docket Entries

2022-10-03
Petition DENIED.
2022-08-04
DISTRIBUTED for Conference of 9/28/2022.
2022-08-01
Waiver of right of respondent United States to respond filed.
2022-07-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 26, 2022)

Attorneys

Maxo Jean
Maxo Jean — Petitioner
Maxo Jean — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent