motion-denial
33 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-905 | Andrew J. Johnston v. United States | Seventh Circuit | 2026-02-02 | Pending | Response RequestedResponse Waived | appellate-review criminal-procedure final-sentence motion-denial sentence-reduction sentencing-factors | Whether an appeal from an order partially denying a Federal Rule of Criminal Procedure 35(b) motion for sentence reduction is an appeal from an 'other… |
| 25-6527 | Brian William Schumaker v. United States | Eleventh Circuit | 2026-01-09 | Pending | Response WaivedIFP | circuit-precedent jurisdictional-challenge motion-denial plenary-review record-expansion section-2255 | Whether the lower courts erred in denying petitioner's motions to expand the record and in denying a motion under 28 USC §2255(f)(4) as being 'second … |
| 25-6405 | Jerel D. Kent v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2025-12-18 | Denied | Response WaivedIFP | certificate-of-appealability circuit-court district-court federal-rules-of-appellate-procedure judicial-review motion-denial | Whether a single circuit court judge may deny a motion for certificate of appealability under Fed. R. App. P. 27 (c) by finding the district court rea… |
| 25-5824 | Luis Marrot Caceres v. United States | Ninth Circuit | 2025-10-07 | Denied | Response WaivedIFP | 28-usc-2255 automatic-reversal district-court habeas-corpus judicial-error motion-denial | Whether the district court's misunderstanding of the record in a 28 U.S.C. § 2255 motion was so fundamental and material that the entire order must be… |
| 24-7518 | Samuel Lee Smith, Jr. v. Natasha Katherina Smith | Florida | 2025-06-26 | Dismissed | IFP | appellate-review best-interest-standard child-custody judicial-discretion motion-denial timesharing | Whether the trial court's denial of unsupervised timesharing was improper due to lack of specific findings of fact or conclusions of law |
| 24-6010 | Carlos Cantizano v. United States | Ninth Circuit | 2024-11-21 | Denied | Response WaivedIFP | appointed-counsel briefing-schedule court-of-appeals due-process legal-procedure motion-denial | May the Court of Appeals withdraw the briefing schedule after approving a notice of appeal and deny a request for appointed counsel, thereby violating… |
| 23-7408 | Melvin Warren Rivers v. United States | Ninth Circuit | 2024-05-07 | Denied | Response WaivedIFP | appellate-jurisdiction appellate-procedure criminal-procedure federal-rules-of-appellate-procedure final-order judicial-review motion-denial probation probation-revocation procedural-appeal revocation | Whether the denial of a motion to terminate probation made during a probation revocation hearing but prior to the final revocation hearing is a final … |
| 23-6697 | Jorge Hernandez v. United States | Eleventh Circuit | 2024-02-07 | Denied | Response WaivedIFP | appellate-review civil-procedure court-reasoning discretion due-process judicial-discretion mandate mandate-recall motion-denial procedural-due-process reasoning | Did the appellate court abuse its discretion by failing to provide any reasoning to permit meaningful appellate review? |
| 23-5488 | Dywane Tousant v. United States | Ninth Circuit | 2023-08-30 | Denied | Response WaivedIFP | certificate-of-appealability constitutional-right constitutional-rights due-process habeas-corpus judicial-review motion-denial ninth-circuit standard-of-review substantial-showing | Whether the Ninth Circuit Erred in Denying Tousant's Motion for Certificate of Appealability |
| 23-5128 | In Re Mark T. Stinson, Sr. | 2023-07-18 | Dismissed | Response WaivedIFP | 6th-circuit abuse-of-discretion appellate-review circuit-court federal-rules-of-civil-procedure habeas-corpus judicial-discretion mandamus motion-denial rule-60b section-2255 | Did the United States Court of Appeals for the Sixth Circuit abuse its discretion by refusing to answer Stinson's § 2255 motion? | |
| 22-7451 | Bennie C. Rivera v. United States | Eleventh Circuit | 2023-05-03 | Denied | Response WaivedIFP | abuse-of-discretion criminal-justice criminal-procedure fair-sentence-act first-step-act judicial-discretion judicial-review motion-denial sentencing sentencing-discretion statutory-interpretation | Did Judge John Anton II abuse his discretion in denying the petitioner's motion under the First Step Act and Fair Sentence Act without a hearing? |
| 22-6215 | Brenda Davis v. Mallards Landing Associates LTD, dba Mission Pointe Apartments | Florida | 2022-12-02 | Denied | Relisted (2)IFP | civil-rights court-procedure due-process health-and-safety health-welfare housing housing-safety judicial-review mold motion-denial rehearing rehearing-standards | Whether Petitioner's health, safety and welfare were protected while living in unsafe housing contaminated with mold |
| 22-6210 | Aaron Michael Crick v. United States | Fourth Circuit | 2022-12-02 | Denied | Response WaivedIFP | appellate-review criminal-procedure criminal-sentencing downward-variance fourth-amendment fourth-circuit judicial-discretion motion-denial reversible-error sentencing | Whether the Fourth Circuit Court of Appeals erred by denying Mr. Crick's meritorious argument that the district court committed reversible error by de… |
| 22-5864 | David Rodriguez v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2022-10-18 | Denied | Response WaivedIFP | appellate-proceeding certificate-of-appealability circuit-court civil-procedure due-process federal-rules-of-appellate-procedure judicial-review motion-denial standing | Whether a single circuit court judge may deny a motion for certificate of appealability under Fed. R. App. P. 27(c)? |
| 22-5600 | Quincetta Y. Cargill v. Alabama, et al. | Eleventh Circuit | 2022-09-16 | Denied | Response WaivedIFP | affidavit-of-bias appellate-review civil-rights counsel-ineffectiveness due-process judicial-discretion judicial-misconduct motion-denial personal-jurisdiction recusal standing | Whether the district court judge's failure to disclose and respond to the petitioner's affidavit of personal bias and prejudice under 28 U.S.C. §§ 144… |
| 22-5457 | J. Christopher Wreh v. Alex Gianotos, et al. | Texas | 2022-08-29 | Denied | Relisted (2)IFP | appellate-review civil-procedure due-process judicial-discretion motion-denial motion-practice rehearing-request standing supreme-court-procedure time-extension | Whether the Supreme Court of Texas erred in denying the motion for extension of time to file a rehearing petition |
| 21-5414 | Johnny Tippins v. Anthony Immel, et al. | Sixth Circuit | 2021-08-18 | Denied | Response WaivedIFP | appellate-review civil-procedure civil-rights constitutional-law due-process factual-dispute legal-standard motion-denial procedural-challenge standing statutory-interpretation summary-judgment | Whether the district court erred in dismissing petitioner's claims for lack of standing and failure to state a claim |
| 20-8108 | Roy Lee Dykes v. United States | Fourth Circuit | 2021-05-21 | Denied | Response WaivedIFP | appeal appellate-procedure bail bond bond-motion criminal-procedure due-process fourth-circuit habeas-corpus judicial-review legal-standard motion-denial | Whether the Fourth Circuit erred by failing to find that the District Court erred in denying Mr. Dykes' Motion for Release on Bond pending appeal? |
| 20-7964 | John Riley, aka P. J. v. United States | Fifth Circuit | 2021-05-10 | Denied | Response WaivedIFP | criminal-justice criminal-sentencing district-court federal-jurisdiction first-step-act motion-denial motion-to-modify sentence-reduction sentencing | Whether the district court erred by denying the Motion for Sentence Reduction under The First Step Act of 2018 |
| 20-7826 | Jimmie C. Johnson v. United States | Eighth Circuit | 2021-04-22 | Denied | Response WaivedIFP | civil-rights collateral-review crack-cocaine district-court due-process eighth-circuit first-step-act ineffective-assistance-of-counsel johnson-case legal-review motion-denial sentencing | Whether the district Court and Eighth Circuit erred in determining that Mr. Johnson's 2255 motion was not effective in cases on collateral review file… |
| 20-7180 | William Hugh Wilson v. United States | Sixth Circuit | 2021-02-19 | Denied | Response WaivedIFP | appellate-procedure appellate-review certificate-of-appealability civil-procedure due-process habeas-corpus judicial-review motion-denial sixth-circuit wilson-case | Whether the United States Court of Appeals for the Sixth Circuit erred in denying Wilson's Motion for Certificate of Appealability and Granting Relief |
| 20-7132 | Roy Lee Dykes v. United States | Fourth Circuit | 2021-02-11 | Denied | Response WaivedIFP | appeal appellate-procedure bail bond bond-motion criminal-procedure due-process fourth-circuit habeas-corpus judicial-review legal-standard motion-denial | Whether the Fourth Circuit erred by failing to find that the District Court erred in denying Mr. Dykes' Motion for Release on Bond pending appeal? |
| 20-5764 | Rodney Berryman, Sr. v. Robert K. Wong, Warden | Ninth Circuit | 2020-09-23 | Granted | Relisted (2)IFP | counsel-representation dna-evidence ineffective-assistance-of-counsel interlocutory-appeal judicial-error motion-denial new-trial ninth-circuit prejudice pro-se pro-se-motion | Did the Ninth Circuit err in finding no basis for interlocutory appeal and refusing to allow the petitioner to show district court prejudice |
| 20-5561 | Craig Edward Hunnicutt, Jr. v. United States | Sixth Circuit | 2020-09-03 | Denied | Response WaivedIFP | abuse-of-discretion appellate-review discretion federal-sentencing first-step-act guidelines judicial-discretion motion-denial sentence-reduction sentencing | Whether the Sixth Circuit erred by refusing to review the denial of the defendant's First Step Act motion |
| 20-5394 | Eugene Mona, aka Gino v. United States | Fifth Circuit | 2020-08-18 | Denied | Response WaivedIFP | amendment-782 criminal-sentencing district-court drug-guidelines drug-sentencing-guidelines first-degree-murder motion-denial motion-for-sentence-reduction rico-conspiracy sentence-reduction | Whether the District Court erred in denying Petitioner's Motion For Sentence Reduction |
| 19-8784 | Chester Brown v. Darrel Vannoy, Warden | Fifth Circuit | 2020-06-22 | Denied | Response WaivedIFP | appellate-procedure appellate-review certificate-of-appealability criminal-proceedings due-process habeas-corpus ineffective-assistance-of-counsel lower-court motion-denial standard-of-review | Did the lower court err when it denied petitioner's motion for certificate of appealability? |
| 19-7740 | Yolanda Bell v. United States | Fourth Circuit | 2020-02-24 | Denied | Response WaivedIFP | abuse-of-discretion appellate-review case-dismissal civil-rights collateral-order disability disability-accommodation disability-rights due-process interlocutory-appeal judicial-discretion judicial-process motion-denial reasonable-accommodation | Did the Court of Appeals commit legal error and abuse their discretion when denying Petitioner's appeal of the district courts denial of her motions r… |
| 19-6920 | Courtney Omar Boyd v. United States | Fourth Circuit | 2019-12-12 | Denied | Response WaivedIFP | abuse-of-discretion constitutional-law constitutional-rights criminal-procedure due-process first-step-act judicial-discretion motion-denial sentencing statutory-interpretation | Whether the lower court abused its discretion and violated Mr. Boyd's constitutional due process rights when it denied Boyd's First Step Act motion? |
| 19-6827 | Wesley Dorcelus v. Chris Brannon, Warden | Eleventh Circuit | 2019-12-03 | Denied | IFP | appellate-procedure certificate-of-appealability certiorari-review civil-procedure civil-rights due-process eleventh-circuit habeas-corpus judicial-procedure motion-denial standing | Whether certiorari review should be granted where the Eleventh Circuit denied Dorcelus' motion for issuance of a certificate of appealability |
| 18A1314 | Andrew J. Johnston v. United States | Seventh Circuit | 2019-06-17 | Presumed Complete | conviction-reversal criminal-appeal district-court-discretion federal-criminal-procedure motion-denial release-pending-appeal | Whether a federal district court can deny a defendant's motion for release pending appeal when there is a likelihood of reversal of the underlying con… | |
| 18-9682 | Andre Forbes v. United States | Seventh Circuit | 2019-06-14 | Denied | Response WaivedIFP | appeals appeals-court civil-procedure constitutional-rights due-process fifth-amendment judicial-review motion-denial standing unconstitutional | Whether 'rubber stamping' defendant's motion with a order of 'Denied' by an Court of Appeals are unconstitutional when Appeals Courts have not reviewe… |
| 18-6700 | Michael DePietro v. Allstate Insurance Co., et al. | New Jersey | 2018-11-14 | Rehearing | Response WaivedRelisted (2)IFP | appeal case-law civil-procedure civil-rights court-procedure due-process equal-protection fair-trial judicial-bias legal-reconsideration motion-denial new-trial reconsideration standing trial-fairness | Why is Judge Fuentes denying everything I brought in front of him, including caselaw? |
| 18-6202 | Amil Dinsio v. Appellate Division, Supreme Court of New York, Third Judicial Department | Second Circuit | 2018-10-03 | Denied | Response WaivedIFP | abuse-of-discretion appellate-procedure appellate-review civil-procedure court-mandate discretion due-process federal-courts judicial-discretion legal-review mandate mandate-recall motion-denial recall standing | Did the Second Circuit Court abuse its discretion when it denied the Petitioner's motion to recall the Court's mandate? |