No. 23A855

Willie James Pye v. Tyrone Oliver, Commissioner, Georgia Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2024-03-20
Status: Denied
Type: A
Tags: due-process equal-protection preliminary-injunction res-judicata section-1983 sua-sponte
Key Terms:
SocialSecurity DueProcess
Latest Conference: N/A
Question Presented (from Petition)

Whether a federal court may raise a procedural affirmative defense sua sponte in the absence of any special circumstances, and, if so, whether it may do so to deny preliminary injunctive relief without otherwise considering the movant's likelihood of success on the merits?

Question Presented (AI Summary)

Whether a federal court may sua sponte raise a procedural affirmative defense to deny preliminary injunctive relief without considering the movant's likelihood of success on the merits

Docket Entries

2024-03-20
Application (23A855) for a stay of execution of sentence of death, submitted to Justice Thomas.
2024-03-20
Application (23A855) referred to the Court.
2024-03-20
Application (23A855) for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court is denied. The petition for a writ of certiorari is denied.

Attorneys

Willie Pye
Gretchen Mary StorkFederal Defender Program, Inc., Petitioner