No. 24-5568

Steven Gantt v. United States

Lower Court: Third Circuit
Docketed: 2024-09-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: attorney-dismissal certificate-of-appealability habeas-corpus judicial-jurisdiction rule-60b section-2255
Latest Conference: 2024-10-18
Question Presented (from Petition)

1.) Whether attorney's decision to dismiss §2255 motion without prisoner's consent would provide valid grounds for Rule 60(b) relief?

2.) Whether the district court can issued a COA to the prisoner after its' court claimed it has reviewed the records , surrendered its' jurisdiction and/or divested of its' jurisdiction unto the appellate court and later the district in the same matter recall and/or withdraw the issued COA?

Question Presented (AI Summary)

Whether an attorney's dismissal of a §2255 motion without prisoner consent warrants Rule 60(b) relief and whether a court can issue, recall, or withdraw a Certificate of Appealability after surrendering jurisdiction

Docket Entries

2024-10-21
Petition DENIED.
2024-10-03
DISTRIBUTED for Conference of 10/18/2024.
2024-09-27
Waiver of right of respondent United States to respond filed.
2024-09-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 18, 2024)

Attorneys

Steven Gantt
Steven Gantt — Petitioner
United States
Elizabeth B. Prelogar — Respondent