No. 23A337
Caesar Mark Capistrano v. United States
Tags: appellate-procedure federal-rule-appellate-procedure-4 incarcerated-litigant petition-for-rehearing prison-mailbox-rule timely-filing
Latest Conference:
N/A
Question Presented (from Petition)
Question not identified.
Question Presented (AI Summary)
Whether the prison mailbox rule under Federal Rule of Appellate Procedure 4(c)(1)(A)(i) and 28 U.S.C. § 1746 requires a federal appellate court to deem a petition for rehearing timely filed when deposited in institutional mail by an incarcerated litigant, notwithstanding the court clerk's rejection based on the petition's physical receipt date at the court office
Docket Entries
2023-10-16
Application (23A337) granted by Justice Alito extending the time to file until December 22, 2023.
2023-09-21
Application (23A337) to extend the time to file a petition for a writ of certiorari from October 23, 2023 to December 22, 2023, submitted to Justice Alito.
Attorneys
Caesar M. Capistrano
Caesar Mark Capistrano — Petitioner
United States
Elizabeth B. Prelogar — Respondent