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Charles Daniels, Director, Nevada Department of Corrections, et al. v. Ronald Ross

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-16533 · judgment February 24, 2020

Certiorari denied · November 9, 2020

Pre-decision estimate: 16% cert probability (95% interval 10%–23%)

Before the decision, about 3.8× the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a Ninth Circuit decision below, and a circuit split argued in the petition.

Question presented

Whether Fed. R. Civ. P. 10(c) permits a habeas petitioner to rely on a state court order appended to, but never mentioned in, his original federal habeas petition to supply the core operative facts necessary to satisfy the relation-back standard set forth in Mayle v. Felix, 544 U.S. 644 (2005).

Counsel of record

For petitioner
Heidi Jill Parry Stern
Office of the Nevada Attorney General

For respondent
Jonathan Michael Kirshbaum
Federal Public Defender, District of Nevada

Case

Conference history
Distributed for 1 conference

Proceedings

Nov 09 2020
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Nov 09 2020
Petition DENIED.
Oct 21 2020
DISTRIBUTED for Conference of 11/6/2020.
Oct 20 2020
Reply of petitioners Charles Daniels, Director, et al. filed. (Distributed)
Oct 06 2020
Brief of respondent Ronald Ross in opposition filed.
Oct 06 2020
Motion for leave to proceed in forma pauperis filed by respondent Ronald Ross.
Aug 20 2020
Motion to extend the time to file a response from August 27, 2020 to October 9, 2020, submitted to The Clerk.
Aug 20 2020
Motion to extend the time to file a response is granted and the time is extended to and including October 9, 2020.
Jul 23 2020
Petition for a writ of certiorari filed. (Response due August 27, 2020)