· 4/10/2013
United States v. Corbin Thomas
Citations
- 713 F.3d 165
- 2013 WL 1442489
- 2013 U.S. App. LEXIS 7231
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that § 2255 proceedings, while civil in some respects, are a continuation of the underlying criminal case
- Refusing to apply equitable tolling after the plaintiff, instead of following the Court’s instructions, filed a “‘protracted and convoluted series of motions.’”
- explaining the District Court retains subject matter jurisdiction to rule on such motions because they are a continuation of the criminal case
- finding petitioner not entitled to equitable tolling when there was no support that petitioner acted diligently, nor did he explain the necessity of the material he was deprived of.
- “A judicial decision rendered in the absence of a case or controversy is advisory, and federal courts lack power to render advisory opinions.”
- “[A]lthough certain aspects of a § 2255 proceeding may be considered civil, a § 2255 proceeding is a continuation of a defendant's federal criminal case.”
Source: CourtListener parenthetical corpus (CC0).
Judges: McKee, Jordan, Vanaskie
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.