No. 25-5486

Bruce Anderson v. Kenneth Lizotte, Superintendent, Massachusetts Correctional Institution at Norfolk

Lower Court: First Circuit
Docketed: 2025-08-27
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: aedpa constitutional-claim federal-review habeas-corpus ineffective-assistance second-petition
Key Terms:
HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2026-01-09 (distributed 2 times)
Question Presented (from Petition)

Whether Petitioner Bruce Anderson's new federal habeas petition, in which he claims to have received ineffective assistance from the court-appointed defense attorney who represented him at his first-degree murder trial in state court, on direct appeal, and in his prior federal habeas petition, is a "second or successive petition," such that it must satisfy the gatekeeping provisions of the Antiterrorism and Effective Death Penalty Act ("AEDPA"), 28 U.S.C. § 2244(b), for Mr. Anderson to obtain meaningful federal review of his constitutional claim?

Question Presented (AI Summary)

Whether a federal habeas petition claiming ineffective assistance of counsel constitutes a 'second or successive petition' under AEDPA's gatekeeping provisions

Docket Entries

2026-01-12
Petition DENIED.
2025-12-11
DISTRIBUTED for Conference of 1/9/2026.
2025-12-04
Reply of Bruce Anderson submitted.
2025-12-04
Reply of petitioner Bruce Anderson filed.
2025-11-21
Brief of Kenneth Lizotte in opposition submitted.
2025-11-21
Brief of respondent Kenneth Lizotte in opposition filed.
2025-09-26
Motion to extend the time to file a response is granted and the time is extended to and including November 21, 2025.
2025-09-25
Motion of Kenneth Lizotte for an extension of time submitted.
2025-09-25
Motion to extend the time to file a response from October 8, 2025 to November 21, 2025, submitted to The Clerk.
2025-09-08
Response Requested. (Due October 8, 2025)
2025-09-04
DISTRIBUTED for Conference of 9/29/2025.
2025-08-29
Waiver of right of respondent Kenneth Lizotte to respond filed.
2025-08-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 26, 2025)

Attorneys

Bruce Anderson
Daniel Nathan MarxFick & Marx LLP, Petitioner
Kenneth Lizotte
Jennifer Kay ZalnaskyOffice of the Attorney General of Massachusetts, Respondent
Andre Adem JaniszewskiOffice of the Attorney General, Respondent