No. 22-6277

Paul E. Pavulak v. United States

Lower Court: Third Circuit
Docketed: 2022-12-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability fraud-on-court fraud-on-the-court habeas-corpus judicial-discretion procedural-bar rule-60 rule-60(d)(3) section-2255 successive-petition
Key Terms:
HabeasCorpus
Latest Conference: 2023-01-06
Question Presented (AI Summary)

When a petitioner challenges a procedural bar in his 2255 which based on a fraud on the court, may a District Court Judge dismiss this motion as a Successive or Second 2255 without the adjudication on the merits involving the fraud under Rule 60(d) 3?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. When a petitioner challenges a procedural bar in his 2255 which based on a fraud on the court, may a District Court Judge dismiss this motion as a Successive or Second 2255 without the adjudication on the merits involving the fraud under Rule 60(d) 3? 2. May a Circuit Court deny issuing a COA when a District Judge abuses his discretion by dismissing a Rule 60(d)(3) Fraud motion that challenges a procedural bar, without adjudication of the motion on its ; merits? 4

Docket Entries

2023-01-09
Petition DENIED.
2022-12-22
DISTRIBUTED for Conference of 1/6/2023.
2022-12-15
Waiver of right of respondent United States to respond filed.
2022-09-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 9, 2023)
2022-07-11
Application (22A11) granted by Justice Alito extending the time to file until September 24, 2022.
2022-06-23
Application (22A11) to extend the time to file a petition for a writ of certiorari from July 26, 2022 to September 24, 2022, submitted to Justice Alito.

Attorneys

Paul Pavulak
Paul Pavulak — Petitioner
Paul Pavulak — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent