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Kemp v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
21-5726 11th Cir. Apr 19, 2022 Jun 13, 2022 8-1 Thomas OT 2021

Holding: The term “mistake” in Federal Rule of Civil Procedure 60(b)(1) includes a judge’s errors of law; because Dexter Kemp’s motion alleged such an error, it was cognizable under Rule 60(b)(1) and untimely under Rule 60(c)’s one-year limitations period.

Judgment: Affirmed, 8-1, in an opinion by Justice Thomas on June 13, 2022. Justice Sotomayor filed a concurring opinion. Justice Gorsuch filed a dissenting opinion.

DateProceedings and Orders (key to color coding)
Sep 16 2021Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 20, 2021)
Oct 12 2021Motion to extend the time to file a response from October 20, 2021 to November 19, 2021, submitted to The Clerk.
Oct 13 2021Motion to extend the time to file a response is granted and the time is extended to and including November 19, 2021.
Nov 12 2021Motion to extend the time to file a response from November 19, 2021 to December 3, 2021, submitted to The Clerk.
Nov 15 2021Motion to extend the time to file a response is granted and the time is further extended to and including December 3, 2021.
Dec 03 2021Brief of respondent United States in opposition filed.
Dec 07 2021Waiver of the 14-day waiting period under 15.5 filed.
Dec 09 2021DISTRIBUTED for Conference of 1/7/2022.
Dec 09 2021Reply of petitioner Dexter Earl Kemp filed. (Distributed)
Jan 10 2022Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Feb 04 2022Motion to dispense with printing the joint appendix filed by petitioner Dexter Earl Kemp.
Feb 22 2022Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Feb 22 2022Brief of petitioner Dexter Earl Kemp filed.
Mar 01 2022Brief amicus curiae of New Civil Liberties Alliance filed.
Mar 15 2022ARGUMENT SET FOR Tuesday, April 19, 2022.
Mar 16 2022Record requested from the U.S.C.A. 11th Circuit.
Mar 17 2022The record from the U.S.C.A. 11th Circuit is electronic and located on PACER.
Mar 17 2022The record from the U.S.D.C. Southern Dist. of Florida (Miami) is electronic and located on Pacer.
Mar 23 2022CIRCULATED
Mar 24 2022Brief of respondent United States filed. (Distributed)
Apr 08 2022Reply of petitioner Dexter Earl Kemp filed. (Distributed)
Apr 19 2022Argued. For petitioner: Andrew L. Adler, Assistant Federal Public Defender, Ft. Lauderdale, Fla. For respondent: Benjamin W. Snyder, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jun 13 2022Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Alito, Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined. Sotomayor, J., filed a concurring opinion. Gorsuch, J., filed a dissenting opinion.