No. 22-6416

Nicholas Lee Blair v. United States

Lower Court: Fifth Circuit
Docketed: 2022-12-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 civil-procedure dismissal dismissal-without-prejudice federal-rules-of-civil-procedure habeas-corpus new-evidence rule-60(b) rule-60b time-bar
Key Terms:
HabeasCorpus
Latest Conference: 2023-02-17
Question Presented (from Petition)

Whether a Petitioner can utilize a motion under Rule 60(b) Federal Rules of Civil Procedure, or similar vehicle, to overcome a dismissal without prejudice time bar to unadjudicated claims previously filed in a motion for application under 2B U.5.C. § 2255 , when those claims are supported by new evidence proffered by the Rule 60(b).

Question Presented (AI Summary)

Whether a Petitioner can utilize a motion under Rule 60(b) Federal Rules of Civil Procedure, or similar vehicle, to overcome a dismissal without prejudice time bar to unadjudicated claims previously filed in a motion for application under 28 U.S.C. § 2255, when those claims are supported by new evidence proffered by the Rule 60(b)

Docket Entries

2023-02-21
Petition DENIED.
2023-01-19
DISTRIBUTED for Conference of 2/17/2023.
2023-01-11
Waiver of right of respondent United States to respond filed.
2022-11-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 30, 2023)

Attorneys

Nicholas Lee Blair
Nicholas Lee Blair — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent