Supreme Court of the United States · Official docket →
Fred Davis Clark, Jr. v. United States
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 25-10955 · judgment October 28, 2025
(petition-stage, structural)
About 2× the 4.1% base rate. The model weights this up for a circuit split argued in the petition, an Eleventh Circuit decision below, and a petition citing three to ten dissents.
Questions presented
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Whether, as this Court suggested in Slack v. McDaniel, 529 U.S. 473, 484 (2000), the existence of a circuit split alone, notwithstanding contrary home circuit precedent, can demonstrate that reasonable jurists could find a claim debatable for purposes of granting a certificate of appealability under 28 U.S.C. § 2253(c)(2). (A 3-3 circuit split.)
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Whether collateral challenges to noncustodial punishment, such as forfeiture orders or restitution awards, can be cognizable under § 2255 if the financial penalty is sufficiently severe that it restrains liberty. (A 5-2 circuit split.)
Counsel of record
For petitioner
Thomas Arnold Antoine Beller Burns
Burns, P.A.
For respondent
D. John Sauer
Solicitor General
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 2 conferences
Linked docket
25A824
Proceedings
- Oct 05 2026DISTRIBUTED for Conference of 10/9/2026.
- Aug 05 2026DISTRIBUTED for Conference of 9/28/2026.
- Aug 04 2026Reply of petitioner Fred Davis Clark, Jr. filed. (Distributed)
- Jul 22 2026Brief of respondent United States in opposition filed.
- Jun 22 2026Motion to extend the time to file a response is granted and the time is further extended to and including July 22, 2026.
- Jun 18 2026Motion to extend the time to file a response from June 22, 2026 to July 22, 2026, submitted to The Clerk.
- May 18 2026Motion to extend the time to file a response is granted and the time is extended to and including June 22, 2026.
- May 14 2026Motion to extend the time to file a response from May 21, 2026 to June 22, 2026, submitted to The Clerk.
- Apr 16 2026Petition for a writ of certiorari filed. (Response due May 21, 2026)
- Jan 20 2026Application (25A824) granted by Justice Thomas extending the time to file until April 16, 2026.
- Jan 15 2026Application (25A824) to extend the time to file a petition for a writ of certiorari from March 17, 2026 to May 16, 2026, submitted to Justice Thomas.