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)
Well below the 4.1% base rate, with no standout signals pointing toward a grant.
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
Proceedings
- 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.