No. 22-5539

Sean David Pickett v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-09-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence certificate-of-appealability eleventh-circuit federal-jurisdiction habeas-corpus jurisdiction miscarriage-of-justice rule-60(b) rule-60b section-2255
Latest Conference: 2022-10-07
Question Presented (from Petition)

1. Does the Eleventh Circuit have jurisdiction to deny a certificate of appealability based on the Eleventh Circuit's determination that the petitioner cannot prevail on the merits of the underlying substantive claim?

2. This Court's decisions provide that a claim sounding in a miscarriage of justice overrides any non-jurisdictional impediment to a merit's determination. Does Rule 60 (b) permit relief from a § 2255 judgment when no other procedure exists to permit a merits review of a claim of actual innocence?

Question Presented (AI Summary)

Does the Eleventh Circuit have jurisdiction to deny a certificate of appealability based on the Eleventh Circuit's determination that the petitioner cannot prevail on the merits of the underlying substantive claim?

Docket Entries

2022-10-11
Petition DENIED.
2022-09-22
DISTRIBUTED for Conference of 10/7/2022.
2022-09-15
Waiver of right of respondent United States to respond filed.
2022-08-30
Application (22A186) granted by Justice Thomas extending the time to file until August 21, 2022.
2022-08-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 11, 2022)
2022-06-13
Application (22A186) to extend the time to file a petition for a writ of certiorari from June 22, 2022 to August 21, 2022, submitted to Justice Thomas.

Attorneys

Sean Pickett
Brian David HorwitzVatic Law, LLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent