No. 22-6086

Dale McCoy v. United States

Lower Court: Eighth Circuit
Docketed: 2022-11-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights covid-19 covid-19-quarantine due-process equitable-tolling federal-bureau-of-prisons fifth-amendment fourteenth-amendment section-2255
Latest Conference: 2023-01-06
Question Presented (from Petition)

Whether the unforeseen and unexpected quarantining of the Peti-
oner, by the Federal Bureau of Prisons; due to the COVID
-19 Pandemic, justifies "Equitable Tolling" of a §2255 filing deadline to the United States District Court.

Whether the [B.O.P.'s] denial of allowing Petitioner to "access
the courts" by denying him access to the legal library
during the quarantining period, constitutes a violation
of Due Process; in accordnace. with the Fifth and Fourr:
teenth Amendment(s) to the United States Constitution.

Question Presented (AI Summary)

Whether the unforeseen and unexpected quarantining of the Petitioner, by the Federal Bureau of Prisons due to the COVID-19 Pandemic, justifies 'Equitable Tolling' of a § 2255 filing deadline to the United States District Court

Docket Entries

2023-01-09
Petition DENIED.
2022-12-01
DISTRIBUTED for Conference of 1/6/2023.
2022-11-23
Waiver of right of respondent United States to respond filed.
2022-11-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 19, 2022)

Attorneys

Dale McCoy
Dale McCoy — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent