No. 23-5716
Response WaivedIFP
Tags: 10(e) appellate-jurisdiction appellate-procedure civil-procedure federal-rules-of-appellate-procedure habeas-corpus habeas-petition motion-to-correct procedural-rules rule-10e successive-appeal
Latest Conference:
2023-11-09
Question Presented (from Petition)
1. When should the Federal Rule of Appellate Procedure 10(e) be recharacterized as a successive appeal?
2. Do the Federal Rules of Appellate Procedures: 3(c)(1)(B), 3(4),(5), 4(b)(i)(A)(i) merge a motion to Correct the Record under 10(e) decision with the final decision of the appeal at hand or with the first habeas petition?
Question Presented (AI Summary)
When should the Federal Rule of Appellate Procedure 10(e) be recharacterized as a successive appeal?
Docket Entries
2023-11-13
Petition DENIED.
2023-10-25
DISTRIBUTED for Conference of 11/9/2023.
2023-10-19
Waiver of right of respondent United States to respond filed.
2023-09-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 6, 2023)
2023-07-05
Application (23A1) granted by Justice Alito extending the time to file until September 14, 2023.
2023-06-21
Application (23A1) to extend the time to file a petition for a writ of certiorari from July 16, 2023 to September 14, 2023, submitted to Justice Alito.
Attorneys
Jimmy Zavala
Jimmy Zavala — Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent