No. 23-7806

Arthur Seale v. United States

Lower Court: Third Circuit
Docketed: 2024-06-26
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: 28-usc-2253 28-usc-2255 certificate-of-appealability district-court-remedy federal-prisoner-appeal postconviction-relief
Key Terms:
HabeasCorpus
Latest Conference: 2025-05-15 (distributed 2 times)
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 a certificate of appealability is required, whether a prisoner who prevailed on a constitutional claim in the § 2255 proceeding, meets the standard for making a “substantial showing of the denial of a constitutional right,” § 2253(c)(2). i

Docket Entries

2025-05-19
Petition DENIED.
2025-04-24
DISTRIBUTED for Conference of 5/15/2025.
2025-04-23
2024-11-22
Brief of respondent United States in opposition filed.
2024-10-21
Motion to extend the time to file a response is granted and the time is further extended to and including November 22, 2024.
2024-10-18
Motion to extend the time to file a response from October 23, 2024 to November 22, 2024, submitted to The Clerk.
2024-09-16
Motion to extend the time to file a response is granted and the time is further extended to and including October 23, 2024.
2024-09-13
Motion to extend the time to file a response from September 23, 2024 to October 23, 2024, submitted to The Clerk.
2024-09-13
Motion of United States for an extension of time submitted.
2024-08-16
Motion to extend the time to file a response is granted and the time is extended to and including September 23, 2024.
2024-08-14
Motion to extend the time to file a response from August 23, 2024 to September 23, 2024, submitted to The Clerk.
2024-08-14
Motion of United States for an extension of time submitted.
2024-07-24
Response Requested. (Due August 23, 2024)
2024-07-11
DISTRIBUTED for Conference of 9/30/2024.
2024-07-09
Waiver of right of respondent United States to respond filed.
2024-07-09
Waiver of United States of right to respond submitted.
2024-06-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 26, 2024)

Attorneys

Arthur Seale
Alison BrillOffice of the Federal Public Defender, D.N.J., Petitioner
Alison BrillOffice of the Federal Public Defender, D.N.J., Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent