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· 9/7/2010

Rice v. Rivera

Citations

  • 617 F.3d 802
  • 2010 U.S. App. LEXIS 18697
  • 2010 WL 3474802

How courts have described this case

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

  • recognizing that “[e]very federal appellate court has a special obligation to satisfy itself not only of its own jurisdiction, but also that of the lower courts in a cause under review” (internal quotation marks omitted)
  • recognizing that “[e]very federal appellate court has a special obligation to satisfy itself not only of its own jurisdiction, but also that of the lower courts in a cause under review” (internal quotation marks omitted)
  • stating that “it is well established that defendants convicted in federal court are obliged to seek habeas relief from their convictions and sentences through § 2255”
  • noting that the Supreme Court has concluded “that Rule 33 is a nonjurisdictional claim-processing rule” and signaled “its implicit approval of a district court’s jurisdiction to entertain an untimely Rule 33 motion”
  • providing that if a federal prisoner brings a § 2241 petition that does not fall within the scope of the savings clause, the district court must dismiss the unauthorized habeas petition for lack of jurisdiction
  • “Claim-processing rules ... are to be rigidly applied when invoked by a litigant.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Michael, Motz, King

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.