Supreme Court of the United States · Official docket →
William Maxwell v. Sandra Dinis, Acting Warden
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 23-40699 · judgment April 3, 2025
Question presented
In 2020 Maxwell sought transfer to halfway house or home confinement under the First Step Act of 2018, 18 U.S.C. §3624(g), 18 U.S.C. §3621(b) and §3621(h), the CARES Act of 2020, 18 U.S.C. §3624(c), the Second Chance Act of 2018 reauthorized by the First Step Act of 2018, 34 U.S.C. §60541, and Compassionate Release. The Warden only addressed Maxwell's CARES Act request and denied relief. The warden otherwise ignored all Maxwell's other explicitly pled issues. Maxwell, after exhausting his administrative remedies proceeded in Court, filing a §2241 habeas. The U.S.D.C. dismissed alleging Maxwell failed to exhaust his administrative remedies for First Step Act relief. Maxwell appealed the decision of the U.S.D.C. to the Fifth Circuit. Sua sponte, the Fifth Circuit held, contrary to this Court’s decision in Jones v. Hendrix, 216 L.Ed.2d 471, 484 (2022), and contrary to nine other Courts of Appeal -- see Woodall v. Fed. Bureau of Prisons, 432 F.3d 235, 241 (3d Cir. 2025); Jiminian v. Nash, 245 F.3d 144, 147 (2d Cir. 2001); Hernandez v, Campbell, 204 F.3d 861, 864 (9th Cir. 2000); United States v. Hutchins, 835 F.2d 185, 186 (8th Cir, 1987); Montez v. McKinna, 208 F.3d 862, 865 (10th Cir. 2000); United States v. Little, 392 F.3d 671, 678- 79 (4th Cir. 2024); McCarthan v. Dir. of Goodwill Indus. - Suncoast, 851 F.3d 1076, 1092-93 (11th Cir. 2007) (en banc); United States v. Barrett, 178 F.3d 34, 50 n.10 (1st Cir. 1999); and Valona v. United States, 138 F.3d 693, 694 (7th Cir. 1998) --that its bright-line rule adopted in Melot v. Bergomi, 970 F.3d 596, 599 (5th Cir. 2020) controlled. There the Fifth Circuit held that unless a favorable determination of the prisoner's claim would not automatically entitle him to accelerated release from his sentence, then the proper vehicle is a civil rights suit. The Fifth Circuit dismissed. I. The question for this Court is whether disputes regarding the calculation of an inmate's earned First Step Act time credits, enabling the inmate to transfer into halfway house or home confinement earlier, similar to parole, are actionable under 28 U.S.C. §2241, II. The question for this Court is whether, given all the obstruction of the administrative remedy process that took place in this case, under Perttu v. Richards, exhaustion of administrative remedies is interwoven into the underlying claims themselves, creating a fact issue for a jury, and whether the trial court must make that determination in the first instance THE PETITION FOR A WRIT OF CERTIORARI IS GRANTED LIMITED TO THE FOLLOWING QUESTION: WHETHER A CLAIM REGARDING APPLICATION OF TIME CREDITS UNDER THE FIRST STEP ACT OF 2018, 132 STAT. 5195–5208 (CODIFIED IN RELEVANT PART AT 18 U. S. C. §§3631–3635), SEEKING ACCELERATED TRANSFER TO A HALFWAY HOUSE OR HOME CONFINEMENT, CAN BE BROUGHT IN A HABEAS PETITION UNDER 28 U. S. C. §2241. ORDER OF June 16, 2026: BRIAN W. BARNES, ESQUIRE, OF WASHINGTON, D. C., IS INVITED TO BRIEF AND ARGUE THIS CASE, AS AMICUS CURIAE, IN SUPPORT OF THE JUDGMENT BELOW.
Counsel of record
For petitioner
Masha Godina Hansford
Davis Polk & Wardwell LLP
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 3 conferences
Amicus briefs
5 merits
(5 respondent)
Proceedings
- Sep 01 2026Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
- Aug 27 2026CIRCULATED
- Aug 24 2026Record received electronically from the United States District Court for the Eastern District of Texas and available with the Clerk.
- Aug 19 2026Record requested from the United States Court of Appeals for the Fifth Circuit.
- Aug 12 2026Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
- Aug 12 2026Brief amicus curiae of FAMM filed.
- Aug 12 2026Brief amici curiae of Habeas Scholars filed.
- Aug 12 2026Brief amici curiae of Senator Richard J. Durbin, et al. filed.
- Aug 12 2026Brief amicus curiae of Representative Jamie Raskin filed.
- Aug 11 2026SET FOR ARGUMENT on Monday, November 2, 2026.
- Aug 05 2026Brief of petitioner William Maxwell filed.
- Aug 05 2026Brief for the respondent Sandra Dinis, Acting Warden supporting vacatur filed.
- Aug 05 2026Joint appendix filed. (Statement of cost filed)
- Jul 28 2026Letter of notice of respondent substitution filed.
- Jun 26 2026Motion to extend the time to file the joint appendix, petitioner's brief on the merits and respondent's brief in support is extended to and including August 5, 2026. The time to file the brief of Court-appointed amicus curiae in support of the judgment below is extended to and including September 18, 2026.
- Jun 25 2026Motion for an extension of time to file the briefs on the merits filed.
- Jun 16 2026Brian W. Barnes, Esquire, of Washington, D.C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below.
- Jun 01 2026Motion to proceed in forma pauperis GRANTED. Petition for a writ of certiorari GRANTED limited to the following question: Whether a claim regarding application of time credits under the First Step Act of 2018, 132 Stat. 5195-5208 (codified in relevant part at 18 U. S. C. §§3631–3635), seeking accelerated transfer to a halfway house or home confinement, can be brought in a habeas petition under 28 U. S. C. §2241.
- May 26 2026DISTRIBUTED for Conference of 5/28/2026.
- May 06 2026DISTRIBUTED for Conference of 5/21/2026.
- May 05 2026Reply of petitioner William Maxwell filed. (Distributed)
- Apr 16 2026Brief of respondent Albert Thomas, III, Warden in opposition filed.
- Mar 02 2026Motion to extend the time to file a response is granted and the time is further extended to and including April 16, 2026.
- Feb 27 2026Motion to extend the time to file a response from March 13, 2026 to April 16, 2026, submitted to The Clerk.
- Feb 02 2026Motion to extend the time to file a response is granted and the time is further extended to and including March 13, 2026.
- Jan 30 2026Motion to extend the time to file a response from February 11, 2026 to March 13, 2026, submitted to The Clerk.
- Dec 22 2025Motion to extend the time to file a response is granted and the time is further extended to and including February 11, 2026.
- Dec 19 2025Motion to extend the time to file a response from January 12, 2026 to February 11, 2026, submitted to The Clerk.
- Dec 05 2025Motion to extend the time to file a response is granted and the time is extended to and including January 12, 2026.
- Dec 04 2025Motion to extend the time to file a response from December 12, 2025 to January 12, 2026, submitted to The Clerk.
- Nov 12 2025Response Requested. (Due December 12, 2025)
- Nov 06 2025DISTRIBUTED for Conference of 11/21/2025.
- Oct 30 2025Waiver of right of respondent Albert Thomas, III, Warden to respond filed.
- Aug 20 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 21, 2025)