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Arseles D. Miller v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.

IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 21-10233 · judgment January 4, 2022


Certiorari denied · October 14, 2025

Question presented

Whether a 2254 application is second or successive if it challenges a new judgment for purpose of §2244(b). Whether a new judgment, resulting from resentencing, triggers or restarts the statute of limitations for purposes of §2244(d)(1)(A). Whether a clearly erroneous decision of the court of appeals denies procedural due process (liberty interest) under the Fifth or Fourteenth Amendment.

Counsel of record

For petitioner
Arseles D. Miller

For respondent
Sonya Roebuck Horbelt
Office of the Attorney General

Case

Conference history
Distributed for 2 conferences

Linked docket
21A570

Proceedings

  1. Jan 12 2026
    Rehearing DENIED.
  2. Dec 23 2025
    DISTRIBUTED for Conference of 1/9/2026.
  3. Nov 08 2025
    Petition for Rehearing filed.
  4. Oct 14 2025
    Petition DENIED.
  5. Sep 25 2025
    DISTRIBUTED for Conference of 10/10/2025.
  6. Sep 19 2025
    Waiver of right of respondent Ricky Dixon, et al. to respond filed.
  7. Apr 11 2025
    Application (21A570) granted by Justice Thomas extending the time to file until May 31, 2022.
  8. May 31 2022
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 9, 2025)
  9. Apr 27 2022
    Application (21A570) to extend further the time from May 4, 2022 to May 31, 2022, submitted to Justice Thomas.
  10. Apr 01 2022
    Application (21A570) granted by Justice Thomas extending the time to file until May 4, 2022.
  11. Mar 21 2022
    Application (21A570) to extend the time to file a petition for a writ of certiorari from April 4, 2022 to June 3, 2022, submitted to Justice Thomas.