No. 23-5716

Jimmy Zavala v. United States

Lower Court: Fifth Circuit
Docketed: 2023-10-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 10(e) appellate-jurisdiction appellate-procedure civil-procedure federal-rules-of-appellate-procedure habeas-corpus habeas-petition motion-to-correct procedural-rules rule-10e successive-appeal
Key Terms:
HabeasCorpus
Latest Conference: 2023-11-09
Question Presented (AI Summary)

When should the Federal Rule of Appellate Procedure 10(e) be recharacterized as a successive appeal?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. When should the Federal Rule of Appellate Procedure 10(e) be recharacterized as a successive appeal? 2. Do the Federal Rules of Appellate Procedures: 3(c)(1)(B), 3(4),(5), 4(b))(A)@) merge a motion to Correct the Record under 10(e) decision with the final decision of the appeal at hand or with the first habeas petition? ‘ |

Docket Entries

2023-11-13
Petition DENIED.
2023-10-25
DISTRIBUTED for Conference of 11/9/2023.
2023-10-19
Waiver of right of respondent United States to respond filed.
2023-09-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 6, 2023)
2023-07-05
Application (23A1) granted by Justice Alito extending the time to file until September 14, 2023.
2023-06-21
Application (23A1) to extend the time to file a petition for a writ of certiorari from July 16, 2023 to September 14, 2023, submitted to Justice Alito.

Attorneys

Jimmy Zavala
Jimmy Zavala — Petitioner
Jimmy Zavala — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent