No. 24-5860

Elliot Rivera v. United States

Lower Court: Eleventh Circuit
Docketed: 2024-10-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 11th-circuit civil-procedure due-process federal-rules fifth-amendment rule-60
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2024-12-06
Question Presented (AI Summary)

Whether the 11th Circuit Court of Appeals erred in limiting Rule 60(d)(3) relief to civil matters and potentially violating due process rights

Question Presented (OCR Extract)

QUESTION(S) PRESENTED (1) As to whether the United States Court of Appeals 11th Circuit (USCA11) abused it's discretion, in it's opinion, that a Federal Rule of Civil Procedure (F.R.C.P.) Rule 60(d) (3) can only grant relief in Civil matters not criminal and as such violates 5th Amendment due process rights. viii.

Docket Entries

2024-12-09
Petition DENIED.
2024-11-20
DISTRIBUTED for Conference of 12/6/2024.
2024-11-13
Waiver of United States of right to respond submitted.
2024-11-13
Waiver of right of respondent United States to respond filed.
2024-10-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 29, 2024)

Attorneys

Elliot Rivera
Elliot Rivera — Petitioner
Elliot Rivera — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent