No. 23-7806
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
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
Reply of Arthur Seale submitted.
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 Brill — Office of the Federal Public Defender, D.N.J., Petitioner
Alison Brill — Office of the Federal Public Defender, D.N.J., Petitioner
United States
D. John Sauer — Solicitor General, Respondent
D. John Sauer — Solicitor General, Respondent
Elizabeth B. Prelogar — Solicitor General, Respondent
Sarah M. Harris — Acting Solicitor General, Respondent