No. 23-5009

Joseph Ray Jordan v. United States

Lower Court: Second Circuit
Docketed: 2023-06-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeals certificate-of-appealability claims-adjudication collins-v-miller habeas-corpus habeas-relief judicial-review jurisdictional-defect procedural-dismissal rule-60b section-2255
Key Terms:
FirstAmendment HabeasCorpus Securities
Latest Conference: 2023-09-26
Question Presented (from Petition)

A. Is a judgment denying habeas (or Section 2255) relief final and complete "as to
all causes of action," as required by Collins v. Miller, 252 U.S. 364,370 (1920), or does
a jurisdictional defect exist that must be corrected, before an appeal can be taken,
when the record reveals that fewer than all properly presented claims in the original
petition (or motion to vacate) were considered and decided?

B. Given the holding in Harbison v. Bell, 556 U.S. 180 (2009), that Section 2253(c)
applies "only to final orders that dispose of the merits of a habeas petition," id. at 183,
is a COA required by that statute to appeal the dismissal (on procedural grounds) of a
true Rule 60(b) motion, i.e.t one that does not present a new, or reargue an already
decided, habeas (or Section 2255) claim?

C. If a COA is required to appeal the procedural dismissal of a true Rule 60(b)
motion, do both prongs of the COA standard set out in Slack v. McDaniel, 529 U.S. 473
(2000), for habeas petitions, id. at 484, apply, i.e., must the applicant show that the
underlying habeas petition (or motion to vacate) states a valid claim, and that the
procedural ruling is debatable? Or is it enough to show only the latter?

D. Does the holding in Kemp v. United States, 142 S.Ct. 1856 (2022), that Rule
60(b)(1) extends to legal errors of a judge, id. at 1862, mean that a Rule 60(b) motion
is the appropriate means to seek relief when (as here) the district court has overlooked,
failed to consider, and left unadjudicated, certain claims in the original (and only)
motion to vacate (that survived Section 2255(b) screening)?

And if so, was petitioner's Rule 60(b) motion - filed following a timely notice of
appeal, and before the deadline set by Rule 60(c) - arguably timely?

E. Given that a habeas petitioner is entitled to the adjudication of all claims
presented, Stewart v. Martinez-Villareal, 523 U.S. 637, 643 (1998), when (as here)
the record reveals that the district court has overlooked, failed to consider, and left
undecided, certain claims properly presented in the original (and only) motion to
vacate (that survived screening), and thus its judgment denying Section 2255 relief
is not final as to all causes of action, Collins v. Miller, 252 U.S. 364, 370 (1920), does
the Court of Appeals have jurisdiction to do anything other than correct the defect?

Question Presented (AI Summary)

Is a judgment denying habeas (or Section 2255) relief final and complete

Docket Entries

2023-10-02
Petition DENIED.
2023-07-13
DISTRIBUTED for Conference of 9/26/2023.
2023-07-06
Waiver of right of respondent United States to respond filed.
2022-11-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 31, 2023)
2022-09-09
Application (22A211) granted by Justice Sotomayor extending the time to file until November 21, 2022.
2022-08-24
Application (22A211) to extend the time to file a petition for a writ of certiorari from September 22, 2022 to November 21, 2022, submitted to Justice Sotomayor.

Attorneys

Joseph Jordan
Joseph Ray Jordan — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent