Supreme Court of the United States · Official docket →
Kenneth Richard DeVore v. United States
IFP petition · United States Court of Appeals for the Sixth Circuit, No. 25-5816 · judgment January 5, 2026
Questions presented
Whether, after Bowe v. United States (Jan. 9, 2026), a court of appeals may deny authorization to file a successive motion under 28 U.S.C. § 2255 by adjudicating the merits of proposed claims and importing restrictions not contained in § 2255(h), contrary to governing Supreme Court precedent. LIST OF PARTIES Petitioner: Kenneth R. DeVore Respondent: United States of America OPINIONS BELOW The order of the United States Court of Appeals for the Sixth Circuit is included in the appendix. JURISDICTION The judgment of the United States Court of Appeals for the Sixth Circuit was entered on January 5,
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This Court has jurisdiction under 28 U.S.C. § 1254(1). STATEMENT OF THE CASE The decision below directly conflicts with this Court’s decision in Bowe v. United States. REASONS FOR GRANTING THE WRIT
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The decision below conflicts with Bowe v. United States.
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The court of appeals exceeded its statutory gatekeeping authority.
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The issue is recurring and nationally significant. CONCLUSION The petition for a writ of certiorari should be granted. Respectfully submitted, Kenneth R. DeVore < Date: February 23, 2026
Counsel of record
For petitioner
Kenneth Richard DeVore
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 2 conferences
Proceedings
- Jun 15 2026Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
- May 26 2026Motion DISTRIBUTED for Conference of 6/11/2026.
- May 13 2026Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
- May 04 2026The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until May 26, 2026, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
- Apr 16 2026DISTRIBUTED for Conference of 5/1/2026.
- Apr 14 2026Waiver of right of respondent United States to respond filed.
- Jan 16 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 6, 2026)