No. 20-800

Tracy Alan Barnett v. United States

Lower Court: Eighth Circuit
Docketed: 2020-12-14
Status: Denied
Type: Paid
Response Waived
Tags: 28-usc-2255 appellate-review civil-rights constitutional-claims district-court district-court-jurisdiction federal-procedure federal-rules-of-civil-procedure final-order habeas-corpus
Latest Conference: 2021-01-22
Question Presented (from Petition)

Are United States District Courts required to address and resolve all constitutional claims or issues raised in a 28 U.S.C. § 2255 Motion to satisfy the Habeas provisions of the United States Constitution, or may they ignore certain constitutional claims?

2. Pursuant to Federal Rules of Civil Procedure, Rule 54(b), where a U.S. District Court rules on some of the Constitutional claims raised in a § 2255 Motion, but fails to acknowledge or adjudicate other remaining constitutional claims to the original habeas petition, may the District Court enter a "final order" despite there being unresolved claims?

Question Presented (AI Summary)

Are United States District Courts required to address and resolve all constitutional claims or issues raised in a 28 U.S.C. § 2255 Motion to satisfy the Habeas provisions of the United States Constitution, or may they ignore certain constitutional claims?

Docket Entries

2021-01-25
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2021-01-06
DISTRIBUTED for Conference of 1/22/2021.
2020-12-30
Waiver of right of respondent United States to respond filed.
2020-06-17
Petition for a writ of certiorari filed. (Response due January 13, 2021)

Attorneys

Tracy Alan Barnett
Tracy A. Barnett — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent