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Ross v. Blake

Docket No. Op. Below Argument Opinion Vote Author Term
15-339 4th Cir. Mar 29, 2016 Jun 6, 2016 8-0 Kagan OT 2015

Holding: The Fourth Circuit's unwritten "special circumstances" exception, which can excuse an inmate's failure to comply with procedural requirements before challenging prison conditions, is inconsistent with the text and history of the Prison Litigation Reform Act of 1995.

Judgment: Vacated and remanded, 8-0, in an opinion by Justice Kagan on June 6, 2016. Justice Thomas filed an opinion concurring in part and concurring in the judgment. Justice Breyer filed an opinion concurring in part.

DateProceedings and Orders (key to color coding)
Sep 14 2015Petition for a writ of certiorari filed. (Response due October 19, 2015)
Sep 23 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
Oct 14 2015Order extending time to file response to petition to and including November 18, 2015.
Oct 19 2015Brief amici curiae of West Virginia, and 21 Other States filed.
Nov 02 2015Brief of respondent Shaidon Blake in opposition filed.
Nov 16 2015Reply of petitioner Michael Ross filed. (Distributed)
Nov 17 2015DISTRIBUTED for Conference of December 4, 2015.
Dec 07 2015DISTRIBUTED for Conference of December 11, 2015.
Dec 11 2015Petition GRANTED.
Jan 15 2016The time to file the joint appendix and petitioner's brief on the merits is extended to and including January 27, 2016.
Jan 22 2016The time to file the joint appendix and petitioner's brief on the merits is further extended to and including January 29, 2016.
Jan 22 2016The time to file respondent's brief on the merits is extended to and including March 3, 2016.
Jan 29 2016SET FOR ARGUMENT ON Tuesday, March 29, 2016
Jan 29 2016Joint appendix filed. (Statement of costs filed)
Jan 29 2016Brief of petitioner Michael Ross filed.
Feb 05 2016Brief amicus curiae of United States filed.
Feb 05 2016Brief amici curiae of West Virginia and 38 Other States filed.
Feb 08 2016Record requested from U.S.C.A. 4th Circuit.
Feb 11 2016Record received from U.S.C.A. 4th Circuit is electronic and located on PACER.
Feb 18 2016Record received from U.S.D.C. Dist. of Maryland Southern Div. is electronic and located on PACER. Sealed records are also electronic, not on PACER.
Feb 23 2016CIRCULATED.
Mar 01 2016Proposal of counsel for respondent to lodge bound copies of non-record materials cited in respondent's brief on the merits.
Mar 03 2016Brief of respondent Shaidon Blake filed. (Distributed)
Mar 07 2016Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 08 2016Brief amici curiae of Legal Aid Society of New York and Morningside Heights Legal Services, Inc. filed. (Distributed)
Mar 10 2016Brief amicus curiae of National Police Accountability Project and Human Rights Defense Center filed. (Distributed)
Mar 17 2016Proposal of counsel for petitioner to lodge copies of non-record materials cited in the reply brief on the merits.
Mar 18 2016Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 21 2016Reply of petitioner Michael Ross filed. (Distributed).
Mar 23 2016The Clerk has approved respondent's lodging proposal of 3/1/16. Bound copies of non-record material cited in respondent's merits brief received and distributed.
Mar 24 2016The Clerk has approved petitioner's lodging proposal of 3/17/16. Copies of material cited in the reply brief received and distributed.
Mar 29 2016Argued. For petitioner: Julia Doyle Bernhardt, Assistant Attorney General, Baltimore, Md.; and Zachary D. Tripp, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Paul W. Hughes, Washington, D. C.
Jun 06 2016Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Alito, and Sotomayor, JJ., joined. Thomas, J., filed an opinion concurring in part and concurring in the judgment. Breyer, J., filed an opinion concurring in part.
Jul 08 2016JUDGMENT ISSUED