No. 18-6145

Maurice Nichols v. United States

Lower Court: Third Circuit
Docketed: 2018-10-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion appeals appellate-jurisdiction civil-procedure civil-rights due-process habeas-corpus standard-of-review standing successive-petitions
Key Terms:
HabeasCorpus
Latest Conference: 2018-10-26
Question Presented (from Petition)

Did the District Court abuse its discretion in construing Appellant's Rule 60(b) motion as a "Second and Successive" 2255 Petition?

Question Presented (AI Summary)

Did the Appellate Court and District Court close their discretion in construing the petitioner's Rule 60(b) Motion as a Second and Successive Habeas Petition?

Docket Entries

2018-10-29
Petition DENIED.
2018-10-11
DISTRIBUTED for Conference of 10/26/2018.
2018-10-09
Waiver of right of respondent United States to respond filed.
2018-07-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 31, 2018)

Attorneys

Maurice Nichols
Maurice Nichols — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent