No. 22-5960

Steven Justin Villalona v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-11-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure equity-proceeding final-order fraud-on-court fraud-on-the-court independent-action independent-action-in-equity post-judgment-discovery rule-60(d)(3)
Latest Conference: 2022-12-02
Question Presented (from Petition)

1) Whether the dismissal of an independant action in equity seeking to set aside',
a judgment based on fraud on the court may be considered a "final order" un
der 28 U.S.C. § 2253(c)(1)(B)?

2) What factors should courts consider when determining whether to allow pos.t-
- judgment discovery under Fed. R. Civ. P. 60(d)(3)?

3) Whether a criminal defendant retains the right to have the Government correct
false testimony in a post conviction proceeding under Napue v. Ill. , 360 U.S.
264 (1935)?

4) Whether the Government was obligated to provide Villalona with his attorney's
payment voucher under Giglio v. U.S. , 405 U.S. 150, 154-55 (1972), during a
post-conviction proceeding'addressing counsel's ineffectiveness?

5) Who removed Villalona's attorney's payment voucher and when was it removed from
the record'in this case?

Question Presented (AI Summary)

Whether the dismissal of an independent action in equity seeking to set aside a judgment based on fraud on the court may be considered a final order

Docket Entries

2022-12-05
Petition DENIED.
2022-11-10
DISTRIBUTED for Conference of 12/2/2022.
2022-11-07
Waiver of right of respondent United States to respond filed.
2022-10-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 1, 2022)

Attorneys

Steven Villalona
Steven Justin Villalona — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent