No. 18-5409

In Re Daniel Riley

Lower Court: N/A
Docketed: 2018-08-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review civil-rights drug-reimbursement due-process erisa-preemption habeas-corpus judicial-discretion pharmacy-benefit-managers rate-regulation sentencing state-regulation statutory-interpretation supervisory-authority supreme-court-precedent time-limitation time-limits Whether the Eighth Circuit erred in holding that A
Latest Conference: 2018-09-24
Question Presented (from Petition)

1. Should this Court use its general supervisory authority to rectify an abuse, when the exceptional time of over two years has lapsed since Petitioner has filed an application for permission to proceed on a second or successive § 2255, when Congress has specifically commanded that the Court of appeals "shall" decide the application "no later then 30 days after filing" 28 USC § 2244(b)(3)(D), and this Court's precedent interpreting this statute held the court of appeals "must make a decision on the application within 30 days," Tyler v Cain, 533 US 656, 664 (2001)?

Question Presented (AI Summary)

Whether the First Circuit Court of Appeals has abused its discretion by failing to decide petitioner's application for permission to file a second or successive § 2255 motion within the 30-day statutory deadline

Docket Entries

2018-10-01
Petition DENIED.
2018-08-16
DISTRIBUTED for Conference of 9/24/2018.
2018-08-07
Waiver of right of respondent UNITED STATES to respond filed.
2018-06-05
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due August 31, 2018)

Attorneys

Daniel Riley
Daniel John Riley — Petitioner
UNITED STATES
Noel J. FranciscoSolicitor General, Respondent