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Gamboa v. Lumpkin

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
23-323 5th Cir. TBD TBD TBD TBD TBD

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)
Jul 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.
Jul 18 2023Application (23A38) granted by Justice Alito extending the time to file until September 22, 2023.
Sep 22 2023Petition for a writ of certiorari filed. (Response due October 30, 2023)
Oct 16 2023Motion to extend the time to file a response from October 30, 2023 to November 29, 2023, submitted to The Clerk.
Oct 17 2023Motion to extend the time to file a response is granted and the time is extended to and including November 29, 2023.
Oct 30 2023Brief amici curiae of Former Federal and State Prosecutors filed.
Oct 30 2023Brief amicus curiae of American Bar Association filed.
Oct 30 2023Brief amici curiae of Habeas Scholars filed.
Nov 17 2023Motion to extend the time to file a response from November 29, 2023 to December 20, 2023, submitted to The Clerk.
Nov 20 2023Motion to extend the time to file a response is granted and the time is further extended to and including December 20, 2023.
Dec 20 2023Brief of respondent Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, in opposition filed.
Dec 29 2023Reply of petitioner Joseph Gamboa filed. (Distributed)
Jan 03 2024DISTRIBUTED for Conference of 1/19/2024.
Jan 16 2024Record Requested.
Jan 16 2024Record received from the U.S. Court of Appeals for the Fifth Circuit. The record is available on PACER.
Feb 05 2024Electronic record received from the U.S. District Court for the Western District of Texas.
Feb 07 2024DISTRIBUTED for Conference of 2/23/2024.
Feb 21 2024Rescheduled.