Monroe Johnson III v. United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that the habeas count starts fresh with each new judgment
• filings in the first collateral attack may be treated as “second or suc- cessive” petitions when the first has been fully adjudicated, a final judgment has been entered, and the prisoner ad- vances new theories of relief
• because the Rules Governing Section 2255 Proceedings do not address amendments to motions for collateral review, Federal Rule of Civil Procedure 15(a) applies
• “This is not to say that the judge is required to permit the amendments.”
• § 2255 amendments that relate back aren’t “second or successive” if there hasn’t yet been a final decision because every prisoner has “one full opportunity to seek collateral review”
• “Because the Rules Governing Section 2255 Proceedings for the United States District Courts do not deal with amendments to motions for collateral review, the district court should turn to Fed.R.Civ.P. 15(a).”

Source: CourtListener parenthetical corpus (CC0).