No. 24-6480

Andrew J. Johnston v. United States

Lower Court: Seventh Circuit
Docketed: 2025-02-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure criminal-procedure federal-statute habeas-corpus jurisdictional-bar post-conviction-relief
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2025-03-07
Question Presented (from Petition)

1. Does 28 U.S.C. Section 2244(b)(1) apply to claims brought in second or successive motions for post-conviction relief under 28 U.S.C. Section 2255?

2. If not, does a motion to reopen under Federal Rule of Civil Procedure 60(b)(6) seeking only to reopen a previous motion for a new trial under Federal Rule of Criminal Procedure 33(b)(1) and/or 28 U.S.C. Section 2255 that was denied on the merits (without advancing a different constitutional claim) constitute a second or successive motion subject to the jurisdictional bar in 28 U.S.C. Section 2244(b)(1)?

Question Presented (AI Summary)

Does 28 U.S.C. Section 2244(b)(1) apply to claims brought in second or successive motions for post-conviction relief under 28 U.S.C. Section 2255?

Docket Entries

2025-03-10
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2025-02-20
DISTRIBUTED for Conference of 3/7/2025.
2025-02-13
Waiver of right of respondent Respondent to respond filed.
2024-09-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 7, 2025)

Attorneys

Andrew J. Johnston
Andrew James Johnston — Petitioner
Respondent
Sarah M. HarrisActing Solicitor General, Respondent