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McCarthan v. Collins

Certiorari Denied

Petition for certiorari denied on December 4, 2017.

Docket No.17-85
Op. Below11th Cir.

Issue

Whether a person in federal custody is entitled to file an application for habeas corpus under 28 U.S.C. § 2241 because a 28 U.S.C. § 2255 motion is "inadequate or ineffective" to permit him to raise a claim that his conviction or sentence is invalid under an intervening and retroactively applicable statutory-interpretation decision of the Supreme Court.

Proceedings & orders timeline

May 23, 2017
Application (16A1158) to extend the time to file a petition for a writ of certiorari from June 12, 2017 to July 12, 2017, submitted to Justice Thomas.
May 25, 2017
Application (16A1158) granted by Justice Thomas extending the time to file until July 12, 2017.
Jul 12, 2017
Petition for a writ of certiorari filed. (Response due August 16, 2017)
Aug 2, 2017
Blanket Consent filed by Petitioner, Dan C.McCarthan on 08/11/2017
Aug 10, 2017
Order extending time to file response to petition to and including September 15, 2017.
Aug 16, 2017
Brief amicus curiae of The Constitution Project filed.
Aug 25, 2017
Order further extending time to file response to petition to and including October 16, 2017.
Oct 5, 2017
Order further extending time to file response to petition to and including October 30, 2017.
Oct 30, 2017
Brief of respondent Joseph C. Collins, Chief United States Probation Officer for the Middle District of Florida in opposition filed.
Nov 14, 2017
DISTRIBUTED for Conference of 12/1/2017.
Nov 14, 2017
Reply of petitioner Dan C.McCarthan filed. (Distributed)
Dec 4, 2017
Petition DENIED.

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