No. 22-664

Stephen Edward May v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al.

Lower Court: Ninth Circuit
Docketed: 2023-01-19
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure collateral-consequences federal-courts habeas-corpus jurisdiction jurisdictional-error standing subject-matter-jurisdiction unconditional-release
Key Terms:
DueProcess HabeasCorpus Jurisdiction
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Whether a judgment rendered after a habeas petitioner has been unconditionally released with no collateral consequences is void for lack of subject-matter jurisdiction

Question Presented (OCR Extract)

Question Presented In United Student Aid Funds, Inc. v. Espinosa, 559 U.S. 260 (2010), which addressed the standard for vacating a judgment for lack of subject-matter jurisdiction, this Court expressly left open the question of what are the circumstances in which a jurisdictional error will render a judgment void under Fed. R. Civ. P. 60(b)(4). This case now presents this important question of federal law: Whether a judgment rendered after a habeas petitioner has been unconditionally released with no collateral consequences — and where the state does not dispute that the petitioner was no longer “in custody” pursuant to 28 U.S.C. § 2254 — is void for lack of subject-matter jurisdiction.

Docket Entries

2023-02-21
Petition DENIED.
2023-01-25
DISTRIBUTED for Conference of 2/17/2023.
2023-01-23
Waiver of right of respondent David Shinn, Director; Mark Brnovich, Attorney General to respond filed.
2023-01-13
Petition for a writ of certiorari filed. (Response due February 21, 2023)
2022-10-26
Application (22A346) granted by Justice Kagan extending the time to file until January 16, 2023.
2022-10-25
Application (22A346) to extend the time to file a petition for a writ of certiorari from November 17, 2022 to January 16, 2023, submitted to Justice Kagan.

Attorneys

Ryan Thornell, Director, et al.
Casey Douglas BallOffice of the Arizona Attorney General, Respondent
Casey Douglas BallOffice of the Arizona Attorney General, Respondent
Stephen Edward May
Randal Boyd McDonaldLaw Office of Randal B. McDonald, Petitioner
Randal Boyd McDonaldLaw Office of Randal B. McDonald, Petitioner