No. 25-6421

William J. O'Brien, III v. United States

Lower Court: Third Circuit
Docketed: 2025-12-23
Status: Pending
Type: IFP
Response WaivedIFP
Tags: None
Key Terms:
HabeasCorpus
Latest Conference: 2026-02-20
Question Presented (from Petition)

Is a Writ of Audita Querela under 28 USC 1651, the "All Writs Act", applicable where a defendant was barred under the Supreme Court's UNITED STATES v. JONES v. HENDRIX 143 S. Ct 1357, 216 L Ed. 2d 475 (June 22, 2023) where defendant is barred from relief from a Second or Successive 28 USC 2255, and because the ZAHAN decision established that the statute of conviction did not cover the Physician's conduct, that claim is cognizable at habeas without a Second or Successive 28 USC 2255, nor a 28 USC 2241, and the "All Writs Act" under 28 USC 1651 does provide the needed relief with Audita Querela?

Question Presented (AI Summary)

Question not identified.

Docket Entries

2026-01-15
DISTRIBUTED for Conference of 2/20/2026.
2026-01-13
Waiver of right of respondent United States to respond filed.
2025-09-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2026)

Attorneys

United States
D. John SauerSolicitor General, Respondent
William J. O'Brien, III
William J. O'Brien III — Petitioner