No. 19-6934

Dexter Johnson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-12-13
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: buck-doctrine buck-v-davis certificate-of-appealability fifth-circuit gonzalez-precedent habeas-corpus habeas-relief ineffective-assistance-of-counsel right-to-counsel rule-60(b)(6) successive-petition successive-petitions
Latest Conference: 2020-03-20
Question Presented (from Petition)

1. Whether the Fifth Circuit has misinterpreted Buck by requiring Mr. Johnson to plead a meritorious claim for habeas relief in his Rule 60(b)(6) motion?

2. Whether certiorari is necessary to cure the Fifth Circuit's capricious applications of Buck and Gonzalez, under which Section 2254 petitioners seeking Rule 60(b)(6) relief must plead meritorious habeas claims, but face certain dismissal on successor grounds if they do so?

Question Presented (AI Summary)

Whether the Fifth Circuit has misinterpreted Buck by requiring Mr. Johnson to plead a meritorious claim for habeas relief in his Rule 60(b)(6) motion?

Docket Entries

2020-03-23
Petition DENIED.
2020-02-27
DISTRIBUTED for Conference of 3/20/2020.
2020-02-25
Reply of petitioner Dexter Johnson filed. (Distributed).
2020-02-11
Brief of respondent Lorie Davis in opposition filed.
2020-01-09
Motion to extend the time to file a response is granted and the time is extended to and including February 12, 2020.
2020-01-07
Motion to extend the time to file a response from January 13, 2020 to February 12, 2020, submitted to The Clerk.
2019-12-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 13, 2020)
2019-11-12
Application (19A509) granted by Justice Alito extending the time to file until December 12, 2019.
2019-11-05
Application (19A509) to extend the time to file a petition for a writ of certiorari from November 12, 2019 to December 12, 2019, submitted to Justice Alito.

Attorneys

Dexter Johnson
Jeremy Don SchepersOffice of the Federal Public Defender, Petitioner
Lorie Davis
Ellen Stewart-KleinOffice of the Attorney General of Texas, Respondent