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