Supreme Court Report

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William J. O'Brien, III v. United States

IFP petition · United States Court of Appeals for the Third Circuit, No. 25-1639 · judgment July 14, 2025


Certiorari denied · February 23, 2026

Question presented

'■ |saWritof Audita Querela under28 USC 1651, the "All Writs Act", applicable where a defendant was ^:ZedpdertetbeSupremeCourfsUNITEOSTATESv.— and defendant new cannot hie a Second of Successive 26 USC 2255, and because of the Supreme Courts easton JONES v. HENDRIX 143 S. Ct 1357.216 L Ed. 2d 475 (June 22.2023) where defendant is barred from reiief rom “ ""The Z«HAN decision established that the statute of conviction did not cover the Physician's conduct. ■ able at habeas Without a Second or Successive 23 USC 2255, nor a 28 USC 2241, That claim is cognizable at habeas, vviuiuut the "All Writs Act" under 28 USC 1651 does provide the needed relief with Audita Querela. :USci65iprov^

Counsel of record

For petitioner
William J. O'Brien III

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 23 2026
    Petition DENIED.
  2. Jan 15 2026
    DISTRIBUTED for Conference of 2/20/2026.
  3. Jan 13 2026
    Waiver of right of respondent United States to respond filed.
  4. Sep 30 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2026)