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Gamboa v. Lumpkin

Petition for certiorari denied on May 13, 2024

Docket No. Op. Below Argument Opinion Vote Author Term
23-323 5th Cir. N/A N/A N/A N/A OT 2023

Issue: Whether a Federal Rule of Civil Procedure 60(b) motion claiming that habeas counsel"s abandonment prevented the consideration of a petitioner"s claims should always be recharacterized as a second or successive habeas petition under Gonzalez v. Crosby.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
07/13/2023Application (23A38) to extend the time to file a petition for a writ of certiorari from July 24, 2023 to September 22, 2023, submitted to Justice Alito.
07/18/2023Application (23A38) granted by Justice Alito extending the time to file until September 22, 2023.
09/22/2023Petition for a writ of certiorari filed. (Response due October 30, 2023)
10/16/2023Motion to extend the time to file a response from October 30, 2023 to November 29, 2023, submitted to The Clerk.
10/17/2023Motion to extend the time to file a response is granted and the time is extended to and including November 29, 2023.
10/30/2023Brief amici curiae of Former Federal and State Prosecutors filed.
10/30/2023Brief amicus curiae of American Bar Association filed.
10/30/2023Brief amici curiae of Habeas Scholars filed.
11/17/2023Motion to extend the time to file a response from November 29, 2023 to December 20, 2023, submitted to The Clerk.
11/20/2023Motion to extend the time to file a response is granted and the time is further extended to and including December 20, 2023.
12/20/2023Brief of respondent Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, in opposition filed.
12/29/2023Reply of petitioner Joseph Gamboa filed. (Distributed)
01/03/2024DISTRIBUTED for Conference of 1/19/2024.
01/16/2024Record Requested.
01/16/2024Record received from the U.S. Court of Appeals for the Fifth Circuit. The record is available on PACER.
02/05/2024Electronic record received from the U.S. District Court for the Western District of Texas.
02/07/2024DISTRIBUTED for Conference of 2/23/2024.
02/21/2024Rescheduled.
02/26/2024DISTRIBUTED for Conference of 3/1/2024.
02/29/2024Rescheduled.
03/11/2024DISTRIBUTED for Conference of 3/15/2024.
03/13/2024Rescheduled.
03/18/2024DISTRIBUTED for Conference of 3/22/2024.
03/19/2024Rescheduled.
03/25/2024DISTRIBUTED for Conference of 3/28/2024.
03/26/2024Rescheduled.
04/08/2024DISTRIBUTED for Conference of 4/12/2024.
04/10/2024Rescheduled.
04/15/2024DISTRIBUTED for Conference of 4/19/2024.
04/16/2024Rescheduled.
04/22/2024DISTRIBUTED for Conference of 4/26/2024.
04/22/2024Rescheduled.
05/06/2024DISTRIBUTED for Conference of 5/9/2024.
05/13/2024Petition DENIED.