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Martin G. Lewis v. DeWayne Hendrix, Warden

IFP petition · United States Court of Appeals for the Ninth Circuit, No. 19-35018 · judgment November 13, 2020

Certiorari denied · October 4, 2021

Question presented

1S Whether the government should be foreclosed from relying on prior litigation that it concedes incorrectly invoked a proceduralbar to review on the merits to argue that the district court lacked habeas corpus jurisdiction because the petitioner had a prior adequate and effective opportunity to test the legality of his detention under 28 U.S.C. $ 2255(e)?

Counsel of record

For petitioner
Stephen Reese Sady
Oregon Federal Public Defender

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Aug 12 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Aug 06 2021
    Reply of petitioner Martin G. Lewis filed.
    Main DocumentProof of Service
  4. Jul 28 2021
    Brief of respondent United States in opposition filed.
    Certificate of Word CountMain Document
  5. Jun 02 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including July 28, 2021.
  6. Jun 01 2021
    Motion to extend the time to file a response from June 28, 2021 to July 28, 2021, submitted to The Clerk.
    Main Document
  7. May 18 2021
    Motion to extend the time to file a response is granted and the time is extended to and including June 28, 2021.
  8. May 17 2021
    Motion to extend the time to file a response from May 28, 2021 to June 28, 2021, submitted to The Clerk.
    Main Document
  9. Apr 22 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 28, 2021)
    Motion for Leave to Proceed in Forma PauperisPetitionProof of Service