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Dexter Earl Kemp v. United States

IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 20-10958 · judgment May 25, 2021

Decided · June 13, 2022

Question presented

Federal Rule of Civil Procedure 60(b)(1) authorizes relief from final judgment based on “mistake,” as well as inadvertence, surprise, or excusable neglect. The question presented is: Whether Rule 60(b)(1) authorizes relief based on a district court’s error of law.

Counsel of record

For petitioner
Andrew Lee Adler
Federal Public Defender's Office

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 merits
(1 supporting pet./neither)

Argument & decision

Argued April 19, 2022 — Andrew L. Adler · Benjamin W. Snyder. Audio and transcript

Decided June 13, 2022. Opinion by Thomas.

Proceedings

  1. Jul 15 2022
    JUDGMENT ISSUED
  2. Jun 13 2022
    Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Alito, Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined. Sotomayor, J., filed a concurring opinion. Gorsuch, J., filed a dissenting opinion.
  3. Apr 19 2022
    Argued. For petitioner: Andrew L. Adler, Assistant Federal Public Defender, Ft. Lauderdale, Fla. For respondent: Benjamin W. Snyder, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
  4. Apr 08 2022
    Reply of petitioner Dexter Earl Kemp filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  5. Mar 24 2022
    Brief of respondent United States filed. (Distributed)
    Main DocumentProof of Service
  6. Mar 23 2022
    CIRCULATED
  7. Mar 17 2022
    The record from the U.S.C.A. 11th Circuit is electronic and located on PACER.
  8. Mar 17 2022
    The record from the U.S.D.C. Southern Dist. of Florida (Miami) is electronic and located on Pacer.
  9. Mar 16 2022
    Record requested from the U.S.C.A. 11th Circuit.
  10. Mar 15 2022
    ARGUMENT SET FOR Tuesday, April 19, 2022.
  11. Mar 01 2022
    Brief amicus curiae of New Civil Liberties Alliance filed.
    Main DocumentCertificate of Word CountProof of Service
  12. Feb 22 2022
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
  13. Feb 22 2022
    Brief of petitioner Dexter Earl Kemp filed.
    Main DocumentProof of ServiceCertificate of Word Count
  14. Feb 04 2022
    Motion to dispense with printing the joint appendix filed by petitioner Dexter Earl Kemp.
    Main DocumentProof of Service
  15. Jan 10 2022
    Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
  16. Dec 09 2021
    DISTRIBUTED for Conference of 1/7/2022.
  17. Dec 09 2021
    Reply of petitioner Dexter Earl Kemp filed. (Distributed)
    Main DocumentProof of Service
  18. Dec 07 2021
    Waiver of the 14-day waiting period under 15.5 filed.
    Main Document
  19. Dec 03 2021
    Brief of respondent United States in opposition filed.
    Main DocumentProof of Service
  20. Nov 15 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including December 3, 2021.
  21. Nov 12 2021
    Motion to extend the time to file a response from November 19, 2021 to December 3, 2021, submitted to The Clerk.
    Main Document
  22. Oct 13 2021
    Motion to extend the time to file a response is granted and the time is extended to and including November 19, 2021.
  23. Oct 12 2021
    Motion to extend the time to file a response from October 20, 2021 to November 19, 2021, submitted to The Clerk.
    Main Document
  24. Sep 16 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 20, 2021)
    Motion for Leave to Proceed in Forma PauperisPetitionAppendixOtherProof of Service