No. 24-7114

Daniel Flint v. United States

Lower Court: Ninth Circuit
Docketed: 2025-05-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 circuit-split coram-nobis custody-status procedural-bar statutory-remedy
Key Terms:
HabeasCorpus
Latest Conference: 2025-05-29
Question Presented (AI Summary)

Whether the writ of error coram nobis is procedurally barred if a petitioner is 'in custody' or could have-but did not-raise the same claim in a timely-filed 28 U.S.C. § 2255 motion

Question Presented (OCR Extract)

1. Whether the writ of error coram nobis is procedurally barred if a petitioner is "in custody," even though no other statutory remedy is available at that time. 2. Whether the writ of error coram nobis is procedurally barred if a petitioner could have-but did not-raise the same claim in a timely-filed 28 U.S.C. § 2255 motion.

Docket Entries

2025-06-02
Petition DENIED.
2025-05-14
DISTRIBUTED for Conference of 5/29/2025.
2025-05-07
Waiver of United States of right to respond submitted.
2025-05-07
Waiver of right of respondent United States to respond filed.
2025-04-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 2, 2025)

Attorneys

Daniel C. Flint
Daniel C. Flint — Petitioner
United States
D. John SauerSolicitor General, Respondent