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Rivers v. Lumpkin

Docket No. Op. Below Argument Opinion Vote Author Term
23-1345 5th Cir. TBD TBD TBD TBD OT 2024

Issue: Whether 28 U.S.C. § 2244(b)(2) applies only to habeas filings made after a prisoner has exhausted appellate review of his first petition, to all second-in-time habeas filings after final judgment, or to some second-in-time filings — depending on a prisoner’s success on appeal or ability to satisfy a seven-factor test.

DateProceedings and Orders (key to color coding)
Jun 24 2024Petition for a writ of certiorari filed. (Response due July 26, 2024)
Jul 26 2024Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jul 26 2024Brief amici curiae of Former Federal Judges filed.
Jul 26 2024Brief amici curiae of Legal Scholars Lee Kovarsky, et al. filed.
Aug 07 2024DISTRIBUTED for Conference of 9/30/2024.
Aug 12 2024Response Requested. (Due September 11, 2024)
Aug 29 2024Motion to extend the time to file a response from September 11, 2024 to October 11, 2024, submitted to The Clerk.
Aug 30 2024Motion to extend the time to file a response is granted and the time is extended to and including October 11, 2024.
Oct 11 2024Brief of respondent Bobby Lumpkin, Director, Texas Department of Criminal Justice in opposition filed.
Oct 29 2024Reply of petitioner Danny Richard Rivers filed. (Distributed)
Oct 30 2024DISTRIBUTED for Conference of 11/15/2024.
Nov 14 2024Rescheduled.
Nov 18 2024DISTRIBUTED for Conference of 11/22/2024.
Dec 02 2024DISTRIBUTED for Conference of 12/6/2024.
Dec 06 2024Petition GRANTED.