No. 20-5251
Michael Owen Harriot v. United States
Response WaivedIFP
Tags: 28-usc-2401b appeals appellate-review civil-procedure district-court federal-jurisdiction fourth-circuit heck-v-humphrey jurisdictional-issue standing statute-of-limitations statutory-time-bar
Latest Conference:
2020-09-29
Question Presented (from Petition)
IS WHETHER THE FOURTH CIRCUIT'S LACK' AUTHORITY SEE 28 U.S.C. § 1291, ON ITS OWN TO RAISED § 2401(b)'S TIME BAR WHEN THE DISTRICT COURT'S OPINION DID NOT REST ON § 2401(b),BUT IS BASED SOLELY ON HICK'S BAR ?
Question Presented (AI Summary)
Whether the Fourth Circuit's lack of authority to raise 28 U.S.C. § 2401(b)'s time bar on its own when the district court's opinion did not rest on § 2401(b), but is based solely on Heck's bar
Docket Entries
2020-10-05
Petition DENIED.
2020-08-13
DISTRIBUTED for Conference of 9/29/2020.
2020-08-07
Waiver of right of respondent United States to respond filed.
2020-07-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 3, 2020)
Attorneys
Michael Harriot
Michael Owen Harriot — Petitioner
United States
Jeffrey B. Wall — Acting Solicitor General, Respondent