No. 24-275

Donte Parrish v. United States

Lower Court: Fourth Circuit
Docketed: 2024-09-12
Status: Judgment Issued
Type: Paid
Amici (5)Relisted (2) Experienced Counsel
Tags: appeal-period district-court-jurisdiction federal-rules-appellate-procedure judicial-procedure notice-of-appeal statutory-interpretation
Key Terms:
AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2025-01-17 (distributed 2 times)
Question Presented (AI Summary)

Whether a litigant must file a second notice of appeal after the appeal period is reopened under 28 U.S.C. § 2107(c)

Question Presented (OCR Extract)

QUESTION PRESENTED Ordinarily, litigants must file a notice of appeal within 30 or 60 days of an adverse judgment. 28 U.S.C. § 2107(a)-(b). Under 28 U.S.C. § 2107(c) and Fed. R. App. P. 4(a)(6), however, district courts can reopen an expired appeal period when a party did not receive timely notice of the judgment. The Courts of Appeals have divided about whether a notice of appeal filed after the expiration of the ordinary appeal period but before the appeal period is reopened becomes effective once reopening is granted. The Question Presented is whether a litigant who files a notice of appeal after the ordinary appeal period expires must file a second, duplicative notice after the appeal period is reopened.

Docket Entries

2025-08-05
Record returned to the United States District Court for the Northern District of West Virginia.
2025-07-14
Judgment Issued.
2025-06-12
Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/24pdf/24-275_k6gc.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Alito, Kagan, Kavanaugh, and Barrett, JJ., joined. Jackson, J., filed an opinion concurring in the judgment, in which Thomas, J., joined. Gorsuch, J., filed a dissenting opinion.
2025-04-21
Argued. For petitioner: Amanda Rice, Detroit, Mich. For respondent in support of petitioner: Aimee Brown, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of judgment below: Michael R. Huston, Phoenix, Ariz.
2025-04-11
2025-04-11
Reply of respondent United States in support of petitioner filed. (Distributed)
2025-04-11
Reply of Donte Parrish submitted.
2025-04-11
Reply of respondent United States filed. (Distributed)
2025-04-07
Motion for divided argument filed by the Acting Solicitor General GRANTED.
2025-03-28
Brief of Court-appointed amicus curiae in support of the judgment below filed. (Distributed)
2025-03-28
Amicus brief of Court-appointed amicus curiae submitted.
2025-03-20
Motion for divided argument filed by the Acting Solicitor General.
2025-03-20
Motion of United States for divided argument submitted.
2025-03-19
CIRCULATED
2025-03-10
Sealed material received from the United States District Court for the Northern District of West Virginia and available with the Clerk (one envelope). The remainder of the record is available on PACER.
2025-03-05
Amicus brief of Bryan Lammon submitted.
2025-03-05
Brief amici curiae of Center for Constitutional Rights, et al. filed.
2025-03-05
2025-03-05
Brief amici curiae of Roderick & Solange MacArthur Justice Center, et al. filed.
2025-03-05
Brief amicus curiae of University of Illinois Chicago School of Law - Pro Bono Litigation Clinic filed.
2025-03-05
Amicus brief of The University of Illinois Chicago School of Law submitted.
2025-03-05
Amicus brief of Roderick & Solange MacArthur Justice Center, Rights Behind Bars, and the Prison Law Office submitted.
2025-03-05
Amicus brief of Public Justice, Center for Constitutional Rights, Human Rights Defense Center, Impact Fund, and National Police Accountability Project submitted.
2025-02-26
2025-02-26
Brief of respondent United States in support of petitioner filed.
2025-02-26
Brief of Donte Parrish submitted.
2025-02-26
Brief for Respondent Supporting Petitioner of United States submitted.
2025-02-26
Record received from the United States Court of Appeals for the Fourth Circuit. The record is electronic and is available on PACER.
2025-02-25
Record requested from the United States Court of Appeals for the Fourth Circuit.
2025-02-24
SET FOR ARGUMENT on Monday, April 21, 2025.
2025-02-24
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
2025-02-10
Motion to dispense with printing the joint appendix filed by petitioner Donte Parrish.
2025-02-10
Motion of Donte Parrish to dispense with joint appendix submitted.
2025-01-28
Michael R. Huston, Esquire, of Washington, D. C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below.
2025-01-17
Petition GRANTED.
2025-01-13
DISTRIBUTED for Conference of 1/17/2025.
2024-12-04
2024-12-04
DISTRIBUTED for Conference of 1/10/2025.
2024-11-14
Brief of respondent United States in opposition filed.
2024-10-11
Motion to extend the time to file a response is granted and the time is extended to and including November 14, 2024.
2024-10-10
Motion to extend the time to file a response from October 15, 2024 to November 14, 2024, submitted to The Clerk.
2024-10-10
Motion of United States for an extension of time submitted.
2024-09-09

Attorneys

Bryan Lammon
Bryan David LammonFinal Decisions PLLC, Amicus
Bryan David LammonFinal Decisions PLLC, Amicus
Court-appointed amicus curiae
Michael Robert HustonPerkins Coie LLP, Amicus
Michael Robert HustonPerkins Coie LLP, Amicus
Donte Parrish
Amanda Kelly RiceJones Day, Petitioner
Amanda Kelly RiceJones Day, Petitioner
In support of judgment below
Michael Robert HustonPerkins Coie LLP, Amicus
Public Justice, Center for Constitutional Rights, Human Rights Defense Center, Impact Fund, and National Police Accountability Project
Jaqueline Aranda OsornoPublic Justice, Amicus
Jaqueline Aranda OsornoPublic Justice, Amicus
Roderick & Solange MacArthur Justice Center, Rights Behind Bars, and the Prison Law Office
Aram Avedis GavoorThe George Washington University Law School, Amicus
Aram Avedis GavoorThe George Washington University Law School, Amicus
The University of Illinois Chicago School of Law
Yelena DuterteUniversity of Illinois Chicago School of Law, Amicus
Yelena DuterteUniversity of Illinois Chicago School of Law, Amicus
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent