Supreme Court of the United States · Official docket →
Michael Bowe v. United States
IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 24-11704 · judgment June 27, 2024
Question presented
Under 28 U.S.C. § 2244(b)(1), “[a] claim presented in a second or successive habeas corpus application under section 2254 that was presented in a prior application shall be dismissed.” (emphasis added). The first question presented is: Whether 28 U.S.C. § 2244(b)(1) applies to a claim presented in a second or successive motion to vacate under 28 U.S.C. § 2255. * * * Under 28 U.S.C. § 2244(b)(3)(E), “[t]he grant or denial of an authorization by a court of appeals to file a second or successive application shall not be appealable and shall not be the subject of a petition . . . for a writ of certiorari.” (emphasis added). The second question presented is: Whether 28 U.S.C. § 2244(b)(3)(E) deprives this Court of certiorari jurisdiction over the grant or denial of an authorization by a court of appeals to file a second or successive motion to vacate under 28 U.S.C. § 2255. KASDIN M. MITCHELL, ESQUIRE, OF DALLAS, TEXAS, IS INVITED TO BRIEF AND ARGUE THIS CASE, AS AMICUS CURIAE, IN SUPPORT OF THE JUDGMENT BELOW AS TO QUESTION 1 PRESENTED BY THE PETITION FOR A WRIT OF CERTIORARI.
Counsel of record
For petitioner
Andrew Lee Adler
Federal Public Defender's Office
For respondent
Kasdin M. Mitchell
Kirkland & Ellis LLP
Case
Conference history
Distributed for 3 conferences
Amicus briefs
5 merits
(5 supporting pet./neither)
Argument & decision
Argued October 14, 2025 — Andrew L. Adler · Anthony A. Yang · Kasdin M. Mitchell. Audio and transcript
Decided January 9, 2026. Opinion by Sotomayor.
Proceedings
- Feb 10 2026Judgment Issued.
- Jan 09 2026Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kagan, Kavanaugh and Jackson, JJ., joined. Jackson, J., filed a concurring opinion. Gorsuch, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined, and in which Barrett, J., joined as to Part I.
- Oct 14 2025Argued. For petitioner: Andrew L. Adler, Assistant Federal Public Defender, Ft. Lauderdale, Fla. For respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of judgment below as to Question 1: Kasdin M. Mitchell, Dallas, Tex.
- Sep 22 2025Motion for divided argument and for enlargement of time for oral argument GRANTED.
- Sep 22 2025Reply of respondent United States filed. (Distributed)
- Sep 22 2025Reply of petitioner Michael Bowe filed. (Distributed)
- Sep 05 2025Motion for leave to file an amicus brief out of time filed by Stephanie N. O'Banion DENIED.
- Sep 02 2025CIRCULATED
- Aug 25 2025Motion for divided argument and for enlargement of time for oral argument filed by the Solicitor General.
- Aug 22 2025Brief of Court-appointed amicus curiae in support of the judgment below filed.
- Aug 20 2025Record received electronically from the United States District Court for the Southern District of Florida and available with the Clerk.
- Aug 18 2025Record received electronically from the United States Court of Appeals for the Eleventh Circuit and available with the Clerk.
- Aug 14 2025Record requested from the United States Court of Appeals for the Eleventh Circuit.
- Aug 12 2025SET FOR ARGUMENT on Tuesday, October 14, 2025.
- Jul 02 2025Amicus brief of Stephanie N. O'Banion not accepted for filing. (To be resubmitted with a motion to file--August 01, 2025)
- Jul 02 2025Motion for leave to file amicus brief out of time filed by Stephanie N. O'Banion.
- Jun 11 2025Brief of respondent United States filed.
- Apr 14 2025Brief amici curiae of Federal Courts Scholars filed.
- Apr 14 2025Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
- Apr 14 2025Brief amici curiae of University of Virginia School of Law’s Civil Rights Clinic, et al. filed.
- Apr 14 2025Brief amici curiae of Habeas Scholars filed.
- Apr 14 2025Brief amicus curiae of National Association of Federal Defenders filed.
- Apr 07 2025Brief of petitioner Michael Bowe filed.
- Apr 07 2025Joint appendix filed. (Statement of costs filed)
- Mar 03 2025Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including April 7, 2025. The time to file respondent's brief on the merits is extended to and including June 11, 2025. The brief of the Court-appointed amicus curiae shall be filed on or before August 22, 2025.
- Mar 03 2025Briefs of amicus curiae in support of the petitioner on either question presented are to be filed on or before April 14, 2025. Any other briefs of amicus curiae are to be filed on or before August 29, 2025.
- Feb 28 2025Motion for an extension of time filed.
- Feb 20 2025Kasdin M. Mitchell, Esquire, of Dallas, Texas, is invited to brief and argue, as amicus curiae, in support of the judgment below as to Question 1 presented by the petition for a writ of certiorari.
- Jan 17 2025Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
- Jan 13 2025DISTRIBUTED for Conference of 1/17/2025.
- Dec 12 2024DISTRIBUTED for Conference of 1/10/2025.
- Dec 09 2024Reply of petitioner Michael Bowe filed.
- Nov 26 2024Brief of respondent United States in opposition filed.
- Oct 30 2024Motion to extend the time to file a response is granted and the time is extended to and including November 27, 2024. See Rule 15.1.
- Oct 29 2024Out of time motion to extend the time to file a response from October 28, 2024 to November 27, 2024, submitted to The Clerk.
- Sep 26 2024Response Requested. (Due October 28, 2024)
- Sep 19 2024DISTRIBUTED for Conference of 10/11/2024.
- Sep 11 2024Waiver of right of respondent United States to respond filed.
- Aug 29 2024Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 3, 2024)