No. 20-7946

Lisa Biron v. United States

Lower Court: First Circuit
Docketed: 2021-05-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeals appellate-review civil-procedure criminal-procedure equitable-exceptions federal-appellate-jurisdiction habeas-corpus post-conviction-proceeding statutory-interpretation time-bar time-limits
Key Terms:
HabeasCorpus
Latest Conference: 2021-06-03
Question Presented (from Petition)

The First Circuit held that Fed. R. App P. 4la) is jurisdictronal under Bowles v.Russell, 551 4.s. 205, 214(2007),
and dismissed Ms. Birons 2255-proceeding as untimely,
without constdering the goverment's forfeiture of the
enforcement of Fed: R. App.P. 4a). But Bowles applied 28
US.C. 2io7's civil appeals jurisdictional time-bar in
Conjunction with Rule 4la) to a state prisoner's sz2s4civit proceeding. Does the First Cirauit with five of her
Sister-Circuits' err in applying $2io7 to dismiss as2255proceeding that is "not a civil proceeding"
but rather
"a further step in the criminal case."

Ooes 28 usc. S2l07 apply to the appeal of a denied motion
under 28usc.s 2255, or may the qoverment waive or
forfeit the enforcement of Fed R.App. P. 4la)'s mandatory
claim-processing-time limits to allaw the late appeal?

Question Presented (AI Summary)

Whether the First Circuit erred in dismissing the petitioner's 28 U.S.C. § 2255 proceeding as untimely under 28 U.S.C. § 2107 and Federal Rule of Appellate Procedure 4(a)

Docket Entries

2021-06-07
Petition DENIED.
2021-05-19
DISTRIBUTED for Conference of 6/3/2021.
2021-05-12
Waiver of right of respondent United States to respond filed.
2021-04-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 7, 2021)

Attorneys

Lisa Biron
Lisa Biron — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent