· 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 CourtListenerSourced 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.