No. 18-8429

Tracy Lane Beatty v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-03-14
Status: Denied
Type: IFP
IFP
Tags: adequate-representation circuit-split civil-procedure civil-procedure-60b6-martinez-v-ryan-conflict-amon federal-courts federal-habeas martinez-standard martinez-v-ryan procedural-default rule-60-motion rule-60(b)(6) standing timeliness
Key Terms:
HabeasCorpus Privacy JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (from Petition)

the federal courts of appeals as to whether petitioners may ever prevail on a Federal Rule of Civil Procedure 60(b)(6) motion premised, in part, on Martinez v. Ryan, 566 U.S. 1 (2012).

rigid approach to assessing timeliness under Rule 60(c)(1) into line with other courts of appeals.

courts of appeals regarding the scope of the 18 U.S.C. § 3599 right to adequate representation post-Martinez and Trevino, and in particular to investigate all available claims and respond to the State's procedural arguments.

Question Presented (AI Summary)

Whether the Court should grant certiorari to resolve a conflict among the federal courts of appeals as to whether petitioners may ever prevail on a Federal Rule of Civil Procedure 60(b)(6) motion premised, in part, on Martinez v. Ryan, 566 U.S. 1 (2012)

Docket Entries

2019-10-07
Petition DENIED.
2019-09-24
Reply of petitioner Tracy Beatty filed. (Distributed)
2019-07-05
DISTRIBUTED for Conference of 10/1/2019.
2019-06-14
Brief of respondent Lorie Davis in opposition filed.
2019-05-08
Motion to extend the time to file a response is granted and the time is further extended to and including June 14, 2019.
2019-05-06
Motion to extend the time to file a response from May 15, 2019 to June 14, 2019, submitted to The Clerk.
2019-04-04
Motion to extend the time to file a response is granted and the time is extended to and including May 15, 2019.
2019-04-02
Motion to extend the time to file a response from April 15, 2019 to May 15, 2019, submitted to The Clerk.
2019-03-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 15, 2019)
2019-01-14
Application (18A721) granted by Justice Alito extending the time to file until March 11, 2019.
2019-01-07
Application (18A721) to extend the time to file a petition for a writ of certiorari from February 10, 2019 to March 11, 2019, submitted to Justice Alito.

Attorneys

Lorie Davis
Jennifer Wren MorrisTexas Attorney General's Office, Respondent
Tracy Beatty
Thomas Scott Smith — Petitioner