Question Presented (AI Summary)
Whether a federal prisoner is required to obtain a certificate of appealability under 28 U.S.C. § 2253(c) to appeal a district court's choice of remedy after granting postconviction relief under 28 U.S.C. § 2255
Question Presented (OCR Extract)
QUESTIONS PRESENTED 1. Whether a federal prisoner is required to obtain a certificate of appealability under 28 U.S.C. § 2253(c) to appeal a district court’s choice of remedy after granting postconviction relief under 28 U.S.C. § 2255. 2. If acertificate of appealability is required, whether the standard for one has been met where the prisoner made a “substantial showing of the denial of a constitutional right,” § 2253(c)(2), by prevailing on a constitutional claim in the § 2255 proceeding.
2024-04-15
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2024-03-21
DISTRIBUTED for Conference of 4/12/2024.
2024-03-15
Reply of petitioner Kent Leroy Clark filed.
2024-03-04
Brief of respondent United States in opposition filed.
2024-01-30
Motion to extend the time to file a response is granted and the time is further extended to and including March 4, 2024.
2024-01-29
Motion to extend the time to file a response from February 2, 2024 to March 4, 2024, submitted to The Clerk.
2023-12-22
Motion to extend the time to file a response is granted and the time is further extended to and including February 2, 2024.
2023-12-21
Motion to extend the time to file a response from January 3, 2024 to February 2, 2024, submitted to The Clerk.
2023-11-30
Motion to extend the time to file a response is granted and the time is extended to and including January 3, 2024.
2023-11-29
Motion to extend the time to file a response from December 4, 2023 to January 3, 2024, submitted to The Clerk.
2023-11-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 4, 2023)