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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.
SCOTUSblog Coverage
- Procedural rule for correcting “mistakes” applies to all mistakes, legal or factual (Ronald Mann, June 14, 2022)
- Court opts for plain meaning in dispute over procedural rules for relief from erroneous judgments (Ronald Mann, June 13, 2022)
- Announcement of orders and opinions for Monday, June 13 (complete) (Angie Gou, June 13, 2022)
- In a dispute over the meaning of a procedural rule, justices seem settled: “Mistake” means “mistake” (Ronald Mann, April 20, 2022)
- A squabble over a procedural deadline will test the limits of “plain language” textualism (Ronald Mann, April 18, 2022)
- April argument calendar features cases on Trump-era asylum policy and praying football coach (Amy Howe, March 15, 2022)
- Justices add new cases on bankruptcy, workers’ comp, and relief from final judgments (Amy Howe, January 10, 2022)
| Date | Proceedings and Orders |
|---|---|
| Sep 16 2021 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 20, 2021) |
| Oct 12 2021 | Motion to extend the time to file a response from October 20, 2021 to November 19, 2021, submitted to The Clerk. |
| Oct 13 2021 | Motion to extend the time to file a response is granted and the time is extended to and including November 19, 2021. |
| Nov 12 2021 | Motion to extend the time to file a response from November 19, 2021 to December 3, 2021, submitted to The Clerk. |
| Nov 15 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including December 3, 2021. |
| Dec 03 2021 | Brief of respondent United States in opposition filed. |
| Dec 07 2021 | Waiver of the 14-day waiting period under 15.5 filed. |
| Dec 09 2021 | DISTRIBUTED for Conference of 1/7/2022. |
| Dec 09 2021 | Reply of petitioner Dexter Earl Kemp filed. (Distributed) |
| Jan 10 2022 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. |
| Feb 04 2022 | Motion to dispense with printing the joint appendix filed by petitioner Dexter Earl Kemp. |
| Feb 22 2022 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Feb 22 2022 | Brief of petitioner Dexter Earl Kemp filed. |
| Mar 01 2022 | Brief amicus curiae of New Civil Liberties Alliance filed. |
| Mar 15 2022 | ARGUMENT SET FOR Tuesday, April 19, 2022. |
| Mar 16 2022 | Record requested from the U.S.C.A. 11th Circuit. |
| Mar 17 2022 | The record from the U.S.C.A. 11th Circuit is electronic and located on PACER. |
| Mar 17 2022 | The record from the U.S.D.C. Southern Dist. of Florida (Miami) is electronic and located on Pacer. |
| Mar 23 2022 | CIRCULATED |
| Mar 24 2022 | Brief of respondent United States filed. (Distributed) |
| Apr 08 2022 | Reply of petitioner Dexter Earl Kemp filed. (Distributed) |
| Apr 19 2022 | Argued. 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 2022 | Adjudged 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. |
| Jul 15 2022 | JUDGMENT ISSUED |
