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Neville McGarity v. Dan Sproul, Warden
IFP petition · United States Court of Appeals for the Seventh Circuit, No. 22-1269 · judgment January 15, 2025
Questions presented
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Does Jones v Hendrix, 599 U.S. 465 (2023), a recent Supreme Court holding which only addresses "[] a prisoner asserting an intervening change in interpretation of a criminal statute to circumvent the [AEDPA]" by filing a § 2241, overturn Bousley v United States, 523 U.S. 614 (1998), a case addressing a claim of "actual innocence" in a § 2241, where the Supreme Court found it appropriate to remand back to the District Court, permitting him to "make a showing of actual innocence"?
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Does the holding in Jones v Hendrix, 599 U.S. 465 (2023) render .§ 2241(c)(3) invalid?
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Was the Seventh Circuit Court of Appeals wrong by not recognizing a claim of "actual innocence", a claim separate and distinct from a claim of "legal innocence", as an exception under Bousley v United States?
Counsel of record
For petitioner
Neville McGarity
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 2 conferences
Proceedings
- Jan 12 2026Rehearing DENIED.
- Dec 10 2025DISTRIBUTED for Conference of 1/9/2026.
- Jun 12 2025Petition for Rehearing filed.
- Jun 02 2025Petition DENIED.
- May 14 2025DISTRIBUTED for Conference of 5/29/2025.
- May 07 2025Waiver of right of respondent Dan Sproul, Warden to respond filed.
- Mar 26 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 21, 2025)