No. 21-7099

Edwin Disla v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-02-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure eleventh-circuit fraud-on-court fraud-on-the-court gonzalez-v-crosby habeas-corpus precedent remand rule-60b3-motion second-and-successive supreme-court-precedent
Latest Conference: 2022-03-04
Question Presented (from Petition)

Whether a Rule 60(b)(3) Motion for Fraud on the Court overcomes a Second and Successive Ruling Pursuant to the dictates & Supreme Court Precedent set forth in Gonzalez v. Crosby, 545 U.S. 524, 538 (2003), as well as a Circuit Court's own Precedent set forth in Gonzalez v. Sec'y for the Dept. of Corrections, 3b F.3d [as [26a 1228 (11th Cir. 2004) and if So,

Should the cause be remanded back to the Lower Courts So that the Precedents be applied to the review of the Rule 60(b)(3) Motion and Fraud on the Court during the § 2255 proceedings?

II. Whether the Eleventh Circuit is bound to apply its Own precedent of Rozier v. Ford Motor Co., 573 F.2d 1232, 1238 (5th Cir. 1978) to the review of a denial of a Rule 60(b) motion from the District Court?

III. Whether the Supreme Court has the inherent Power to do a Summary remand back to the Lower Court So that may apply their own Precedent in determining the merits of the Rule 60(b)(3) Motion?

Question Presented (AI Summary)

Whether a Rule 60(b)(3) Motion for Fraud on the Court overcomes a Second and Successive Ruling Pursuant to the dictates of Supreme Court Precedent set forth in Gonzalez v. Crosby, 545 U.S. 524 (2005), as well as a Circuit Court's own Precedent set in Porter v. Sec'y for the Dept. of Corrections, 814 F.3d 1963 (11th Cir. 1978), and if So, Should the cause be remanded back to the Lower Court's so that the Precedents can be applied to the review of the Rule 60(b)(3) Motion alleging Fraud on the Court during the § 2255 proceedings

Docket Entries

2022-03-07
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2022-02-17
DISTRIBUTED for Conference of 3/4/2022.
2022-02-14
Waiver of right of respondent United States to respond filed.
2021-11-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 14, 2022)

Attorneys

Edwin Disla
Edwin Disla — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent