Supreme Court Report

Supreme Court of the United States · Official docket →

Stephen Edward May v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-15603, 17-15704 · judgment June 10, 2022


Certiorari denied · February 21, 2023
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

In United Student Aid Funds, Inc. v. Espinosa, 559 U.S. 260 (2010), which addressed the standard for vacating a judgment for lack of subject-matter jurisdiction, this Court expressly left open the question of what are the circumstances in which a jurisdictional error will render a judgment void under Fed. R. Civ. P. 60(b)(4). This case now presents this important question of federal law: Whether a judgment rendered after a habeas petitioner has been unconditionally released with no collateral consequences – and where the state does not dispute that the petitioner was no longer “in custody” pursuant to 28 U.S.C. § 2254 – is void for lack of subject-matter jurisdiction.

Counsel of record

For petitioner
Randal Boyd McDonald
Law Office of Randal B. McDonald

For respondent
Casey Douglas Ball
Office of the Arizona Attorney General

Case

Conference history
Distributed for 1 conference

Linked docket
22A346

Proceedings

  1. Feb 21 2023
    Petition DENIED.
  2. Jan 25 2023
    DISTRIBUTED for Conference of 2/17/2023.
  3. Jan 23 2023
    Waiver of right of respondent David Shinn, Director; Mark Brnovich, Attorney General to respond filed.
  4. Jan 13 2023
    Petition for a writ of certiorari filed. (Response due February 21, 2023)
  5. Oct 26 2022
    Application (22A346) granted by Justice Kagan extending the time to file until January 16, 2023.
  6. Oct 25 2022
    Application (22A346) to extend the time to file a petition for a writ of certiorari from November 17, 2022 to January 16, 2023, submitted to Justice Kagan.