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Bruce Anderson v. Kenneth Lizotte, Superintendent, Massachusetts Correctional Institution at Norfolk

IFP petition · United States Court of Appeals for the First Circuit, No. 23-1533 · judgment May 28, 2025


Certiorari denied · January 12, 2026

Question presented

Whether Petitioner Bruce Anderson’s new federal habeas petition, in which he claims to have received ineffective assistance from the court-appointed defense attorney who represented him at his first-degree murder trial in state court, on direct appeal, and in his prior federal habeas petition, is a “second or successive petition,” such that it must satisfy the gatekeeping provisions of the Antiterrorism and Effective Death Penalty Act (“AEDPA”), 28 U.S.C. § 2244(b), for Mr. Anderson to obtain meaningful federal review of his constitutional claim?

Counsel of record

For petitioner
Daniel Nathan Marx
Fick & Marx LLP

For respondent
Jennifer Kay Zalnasky
Office of the Attorney General of Massachusetts

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jan 12 2026
    Petition DENIED.
  2. Dec 11 2025
    DISTRIBUTED for Conference of 1/9/2026.
  3. Dec 04 2025
    Reply of petitioner Bruce Anderson filed.
  4. Nov 21 2025
    Brief of respondent Kenneth Lizotte in opposition filed.
  5. Sep 26 2025
    Motion to extend the time to file a response is granted and the time is extended to and including November 21, 2025.
  6. Sep 25 2025
    Motion to extend the time to file a response from October 8, 2025 to November 21, 2025, submitted to The Clerk.
  7. Sep 08 2025
    Response Requested. (Due October 8, 2025)
  8. Sep 04 2025
    DISTRIBUTED for Conference of 9/29/2025.
  9. Aug 29 2025
    Waiver of right of respondent Kenneth Lizotte to respond filed.
  10. Aug 25 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 26, 2025)