No. 23-6639

Omar Sierre Folk v. United States

Lower Court: Third Circuit
Docketed: 2024-02-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: cert-denial civil-procedure extraordinary-circumstances judicial-decision legal-standard procedural-ruling rule-60(b)(1) rule-60(b)(6) rule-60b supreme-court-rule
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2024-03-01
Question Presented (AI Summary)

Whether Lower Court Misapplied Cert. Denial On 10/5/15 Was A Judicial decision Rendered Erroneous By Subsequent Legal Or Factual Changes Also Qualifies As A Mistake Under Rule 60(b)(1) And Extraordinary Circumstances Under Rule 60(b)(6) When Cert. Denial On Direct Appeal Had Not Been Sent By DisPosition Under Supreme Court Rule 16

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Whether Lower Court Misapplied Cert. Denial On 10/5/15 Was A Judicial decision Rendered Erroneous By Subsequent Legal Or Factual Changes Also Qualifies As A Mistake Under Rule 60(b)(1) And Extraordinary Circumstances Under Rule 60(b)(6) When Cert. Denial On Direct Appeal Had Not Been Sent By DisPosition Under Supreme Court Rule 16. 2. Whether Lower Court Erred In Affirming District Court Decision On Time-Barred, Was Correct In Its Procedural Ruling On Rule 59(e) And Rule 60(b)(1) Also Rule 60(b)(6) As Second or Successive Without Petitioner First Allowed To Withdraw or Recharacterize His Petition Under;Castro v. United States. | | | | | i PARTIES TO PROCEEDING The

Docket Entries

2024-03-04
Petition DENIED.
2024-02-15
DISTRIBUTED for Conference of 3/1/2024.
2024-02-09
Waiver of right of respondent United States to respond filed.
2024-01-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2024)

Attorneys

Omar Folk
Omar Folk — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent