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Blaine Keith Milam v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 20-40849, 20-70024 · judgment January 8, 2021

Certiorari denied · October 4, 2021

Question presented

  1. Can 28 U.S.C. § 2244(b) be constitutionally interpreted to bar first-time federal habeas corpus merits review of an Eighth Amendment claim of intellectual disability?

Counsel of record

For petitioner
Jeremy Don Schepers
Office of the Federal Public Defender. Northem District of Texas

For respondent
Tomee Morgan Heining
Office of the Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Aug 26 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Aug 20 2021
    Reply of petitioner Blaine Milam filed. (Distributed)
    Main DocumentProof of Service
  4. Aug 09 2021
    Brief of respondent Bobby Lumpkin in opposition filed.
    Main DocumentProof of Service
  5. Jul 02 2021
    Motion to extend the time to file a response is granted and the time is extended to and including August 9, 2021.
  6. Jul 01 2021
    Motion to extend the time to file a response from July 8, 2021 to August 9, 2021, submitted to The Clerk.
    Main Document
  7. Jun 04 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 8, 2021)
    Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service