Supreme Court of the United States · Official docket →
Hector Mendez v. United States
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-40676 · judgment February 24, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The Fifth Amendment of the United States Constitution establishes that the federal government cannot deny a person life, liberty, or property “without due process of law.” Additionally, 28 U.S.C. § 2255 guarantees a federal prisoner who files a motion for relief “shall” receive a “hearing” “[u]nless the motion and files and records of the case conclusively show the prisoner is entitled to no relief.” a) Does a district court deny a federal prisoner the constitutional or statutory “right to be heard” by completely misreading or ignoring the “files and records” of the case and thereafter erroneously denying relief on procedural grounds without a hearing? b) Does a United States Court of Appeals deny a federal prisoner the constitutional or statutory right to be heard when it dismisses a Motion for Certificate Appealability on the purported ground that the prisoner failed to “meaningfully challenge” the district court’s decision to dismiss on procedural grounds without a hearing, when the prisoner clearly did meaningfully challenge the district court’s decision, both in the district court and in the appellate court?
Counsel of record
For petitioner
Barbara Allison Clayton
The Law Office of B. Allison Clayton
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 02 2023Petition DENIED.
- Jun 22 2023Supplemental Brief of Hector Mendez not accepted for filing. (July 12, 2023 - Does not comply with Rule 15.8)
- Jun 14 2023DISTRIBUTED for Conference of 9/26/2023.
- Jun 05 2023Waiver of right of respondent United States to respond filed.
- May 25 2023Petition for a writ of certiorari filed. (Response due June 29, 2023)