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Gamboa v. Lumpkin

Certiorari Denied

Petition for certiorari denied on May 13, 2024.

Docket No.23-323
Op. Below5th Cir.

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.

Proceedings & orders timeline

Jul 13, 2023
Application (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, 2023
Application (23A38) granted by Justice Alito extending the time to file until September 22, 2023.
Sep 22, 2023
Petition for a writ of certiorari filed. (Response due October 30, 2023)
Oct 16, 2023
Motion to extend the time to file a response from October 30, 2023 to November 29, 2023, submitted to The Clerk.
Oct 17, 2023
Motion to extend the time to file a response is granted and the time is extended to and including November 29, 2023.
Oct 30, 2023
Brief amici curiae of Former Federal and State Prosecutors filed.
Oct 30, 2023
Brief amicus curiae of American Bar Association filed.
Oct 30, 2023
Brief amici curiae of Habeas Scholars filed.
Nov 17, 2023
Motion to extend the time to file a response from November 29, 2023 to December 20, 2023, submitted to The Clerk.
Nov 20, 2023
Motion to extend the time to file a response is granted and the time is further extended to and including December 20, 2023.
Dec 20, 2023
Brief of respondent Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, in opposition filed.
Dec 29, 2023
Reply of petitioner Joseph Gamboa filed. (Distributed)
Jan 3, 2024
DISTRIBUTED for Conference of 1/19/2024.
Jan 16, 2024
Record Requested.
Jan 16, 2024
Record received from the U.S. Court of Appeals for the Fifth Circuit. The record is available on PACER.
Feb 5, 2024
Electronic record received from the U.S. District Court for the Western District of Texas.
Feb 7, 2024
DISTRIBUTED for Conference of 2/23/2024.
Feb 21, 2024
Rescheduled.
Feb 26, 2024
DISTRIBUTED for Conference of 3/1/2024.
Feb 29, 2024
Rescheduled.
Mar 11, 2024
DISTRIBUTED for Conference of 3/15/2024.
Mar 13, 2024
Rescheduled.
Mar 18, 2024
DISTRIBUTED for Conference of 3/22/2024.
Mar 19, 2024
Rescheduled.
Mar 25, 2024
DISTRIBUTED for Conference of 3/28/2024.
Mar 26, 2024
Rescheduled.
Apr 8, 2024
DISTRIBUTED for Conference of 4/12/2024.
Apr 10, 2024
Rescheduled.
Apr 15, 2024
DISTRIBUTED for Conference of 4/19/2024.
Apr 16, 2024
Rescheduled.
Apr 22, 2024
DISTRIBUTED for Conference of 4/26/2024.
Apr 22, 2024
Rescheduled.
May 6, 2024
DISTRIBUTED for Conference of 5/9/2024.
May 13, 2024
Petition DENIED.

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