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Gentry v. Rudin

Petition for certiorari denied on February 29, 2016
Docket No. Op. Below Argument Opinion Vote Author Term
15-324 9th Cir. N/A N/A N/A N/A OT 2015

Issue: (1) Whether a later-overturned lower court decision accepting an untimely state habeas petition can equitably toll the federal habeas deadline when the prisoner was on notice that her state petition was filed late and she failed to file a protective federal petition per Pace v. DiGuglielmo; and (2) whether the Ninth Circuit's decision warrants summary reversal because, although it purported to toll Rudin's federal deadline because she was misled by the lower court, the Ninth Circuit without explanation granted an extra 254 days of additional equitable tolling for the period after the Nevada Supreme Court reversed the misleading decision.

DateProceedings and Orders (key to color coding)
Jun 30 2015Application (15A26) to extend the time to file a petition for a writ of certiorari from July 15, 2015 to September 13, 2015, submitted to Justice Kennedy.
Jul 14 2015Application (15A26) granted by Justice Kennedy extending the time to file until September 13, 2015.
Sep 11 2015Petition for a writ of certiorari filed. (Response due October 15, 2015)
Sep 30 2015Waiver of right of respondent Margaret Rudin to respond filed.
Oct 14 2015DISTRIBUTED for Conference of October 30, 2015.
Oct 15 2015Brief amici curiae of Arizona, et al. filed.
Oct 19 2015Response Requested . (Due November 18, 2015)
Nov 16 2015Order extending time to file response to petition to and including January 19, 2016.
Jan 16 2016Brief of respondent Margaret Rudin in opposition filed.
Jan 16 2016Motion for leave to proceed in forma pauperis filed by respondent Margaret Rudin.
Jan 28 2016Reply of petitioners Jo Gentry, Warden, et al. filed.
Feb 3 2016DISTRIBUTED for Conference of February 19, 2016.
Feb 29 2016Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Feb 29 2016Petition DENIED.