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Miladis Salgado v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-10312-C · judgment July 8, 2019


Certiorari denied · April 6, 2020
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. When does a civil forfeiture claimant “substantially prevail” under 28 U.S.C. § 2465(b)(1)?

  2. In civil forfeiture lawsuits where a district court has ordered the United States to return the seized money and the lawsuit will never be refiled, is it an abuse of discretion for the dismissal to be without prejudice?

Counsel of record

For petitioner
Justin Marc Pearson
lnstitute for Justice

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 2 conferences

Amicus briefs
3 cert-stage

Linked docket
19A321

Proceedings

  1. Apr 06 2020
    Petition DENIED.
  2. Mar 18 2020
    DISTRIBUTED for Conference of 4/3/2020.
  3. Mar 16 2020
    Reply of petitioner Miladis Salgado filed. (Distributed)
  4. Feb 28 2020
    Brief of respondent United States of America in opposition filed.
  5. Feb 19 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including February 28, 2020.
  6. Feb 18 2020
    Motion to extend the time to file a response from February 20, 2020 to February 28, 2020, submitted to The Clerk.
  7. Jan 15 2020
    Motion to extend the time to file a response is granted and the time is extended to and including February 20, 2020.
  8. Jan 14 2020
    Motion to extend the time to file a response from January 21, 2020 to February 20, 2020, submitted to The Clerk.
  9. Dec 23 2019
    Brief amicus curiae of The Cato Institute filed.
  10. Dec 20 2019
    Response Requested. (Due January 21, 2020)
  11. Dec 18 2019
    DISTRIBUTED for Conference of 1/10/2020.
  12. Dec 17 2019
    Brief amicus curiae of Law and Economics Scholars filed.
  13. Dec 17 2019
    Brief amicus curiae of Practicing Attorneys filed.
  14. Dec 05 2019
    Waiver of right of respondent United States of America to respond filed.
  15. Nov 26 2019
    Blanket Consent filed by Petitioner, Miladis Salgado.
  16. Nov 19 2019
    Petition for a writ of certiorari filed. (Response due December 23, 2019)
  17. Sep 25 2019
    Application (19A321) granted by Justice Thomas extending the time to file until November 21, 2019.
  18. Sep 17 2019
    Application (19A321) to extend the time to file a petition for a writ of certiorari from October 6, 2019 to November 21, 2019, submitted to Justice Thomas.