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Patton v. United States

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
18-7449 5th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether a district court has the authority to reconsider the merits of a 28 U.S.C. § 2255 action in response to a prisoner’s timely post-judgment motion under Federal Rule of Civil Procedure 59(e); and (2) whether, assuming that a prisoner’s notice of appeal would otherwise be timely under Federal Rule of Appellate Procedure 4(a)(4)(A), the court of appeals’s subsequent decision that the post-judgment motion was, in substance, a successive “claim” for relief renders the appeal of the original judgment untimely and deprives that court of jurisdiction over the appeal.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 10 2019Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 15, 2019)
Jan 30 2019Waiver of right of respondent United States of America to respond filed.
Feb 07 2019DISTRIBUTED for Conference of 2/22/2019.
Feb 13 2019Response Requested. (Due March 15, 2019)
Mar 05 2019Motion to extend the time to file a response from March 15, 2019 to April 15, 2019, submitted to The Clerk.
Mar 06 2019Motion to extend the time to file a response is granted and the time is extended to and including April 15, 2019.
Mar 28 2019Motion to extend the time to file a response from April 15, 2019 to May 15, 2019, submitted to The Clerk.
Mar 29 2019Motion to extend the time to file a response is granted and the time is further extended to and including May 15, 2019.
May 15 2019Brief of respondent United States of America in opposition filed.
May 29 2019DISTRIBUTED for Conference of 6/13/2019.
May 29 2019Reply of petitioner Joel Darnell Patton filed. (Distributed)
Jun 17 2019DISTRIBUTED for Conference of 6/20/2019.
Jun 24 2019Petition DENIED.
Jul 02 2019Petition for Rehearing filed.
Jul 11 2019DISTRIBUTED.
Aug 05 2019Rehearing DENIED.