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Banister v. Davis

Citations: 139 S. Ct. 2742; 204 L. Ed. 2d 1130Docket: No. 18–6943.

Court: Supreme Court of the United States; June 24, 2019; Federal Supreme Court; Federal Appellate Court

Narrative Opinion Summary

The petitioner’s motion to proceed in forma pauperis has been granted. Additionally, the petition for a writ of certiorari to the United States Court of Appeals for the Fifth Circuit has been granted, but is limited to addressing the specific question of when and under what circumstances a timely Rule 59(e) motion should be recharacterized as a second or successive habeas petition, as established in Gonzalez v. Crosby, 545 U.S. 524 (2005).

Legal Issues Addressed

Granting of In Forma Pauperis Status

Application: The petitioner's financial status was evaluated and deemed sufficient to allow proceeding without incurring the usual costs associated with the lawsuit.

Reasoning: The petitioner’s motion to proceed in forma pauperis has been granted.

Limitation of Certiorari Scope

Application: The Supreme Court has decided to review the case specifically to address the recharacterization of a Rule 59(e) motion as a second or successive habeas petition.

Reasoning: The petition for a writ of certiorari to the United States Court of Appeals for the Fifth Circuit has been granted, but is limited to addressing the specific question of when and under what circumstances a timely Rule 59(e) motion should be recharacterized as a second or successive habeas petition, as established in Gonzalez v. Crosby, 545 U.S. 524 (2005).