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)
Announcement of orders and opinions for Monday, June 13 (complete) (Angie Gou, June 13, 2022)
Court opts for plain meaning in dispute over procedural rules for relief from erroneous judgments (Ronald Mann, 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 (key to color coding)
09/16/2021	Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 20, 2021)
10/12/2021	Motion to extend the time to file a response from October 20, 2021 to November 19, 2021, submitted to The Clerk.
10/13/2021	Motion to extend the time to file a response is granted and the time is extended to and including November 19, 2021.
11/12/2021	Motion to extend the time to file a response from November 19, 2021 to December 3, 2021, submitted to The Clerk.
11/15/2021	Motion to extend the time to file a response is granted and the time is further extended to and including December 3, 2021.
12/03/2021	Brief of respondent United States in opposition filed.
12/07/2021	Waiver of the 14-day waiting period under 15.5 filed.
12/09/2021	DISTRIBUTED for Conference of 1/7/2022.
12/09/2021	Reply of petitioner Dexter Earl Kemp filed. (Distributed)
01/10/2022	Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
02/04/2022	Motion to dispense with printing the joint appendix filed by petitioner Dexter Earl Kemp.
02/22/2022	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
02/22/2022	Brief of petitioner Dexter Earl Kemp filed.
03/01/2022	Brief amicus curiae of New Civil Liberties Alliance filed.
03/15/2022	ARGUMENT SET FOR Tuesday, April 19, 2022.
03/16/2022	Record requested from the U.S.C.A. 11th Circuit.
03/17/2022	The record from the U.S.C.A. 11th Circuit is electronic and located on PACER.
03/17/2022	The record from the U.S.D.C. Southern Dist. of Florida (Miami) is electronic and located on Pacer.
03/23/2022	CIRCULATED
03/24/2022	Brief of respondent United States filed. (Distributed)
04/08/2022	Reply of petitioner Dexter Earl Kemp filed. (Distributed)
04/19/2022	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.
06/13/2022	Adjudged to be AFFIRMED. Thomas, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/21pdf/21-5726_5iel.pdf'>opinion</a> 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.
07/15/2022	JUDGMENT ISSUED