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Cert. Granted

Maxwell v. Dinis

Docket No.25-5930
Op. Below5th Cir.
ArgumentNov 2, 2026

Issue

Whether a claim regarding application of time credits under the First Step Act of 2018 seeking accelerated transfer to a halfway house or home confinement, can be brought in a habeas petition under 28 U.S.C. § 2241.

Proceedings & orders timeline

Aug 20, 2025
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 21, 2025)
Oct 30, 2025
Waiver of right of respondent Albert Thomas, III, Warden to respond filed.
Nov 6, 2025
DISTRIBUTED for Conference of 11/21/2025.
Nov 12, 2025
Response Requested. (Due December 12, 2025)
Dec 4, 2025
Motion to extend the time to file a response from December 12, 2025 to January 12, 2026, submitted to The Clerk.
Dec 5, 2025
Motion to extend the time to file a response is granted and the time is extended to and including January 12, 2026.
Dec 19, 2025
Motion to extend the time to file a response from January 12, 2026 to February 11, 2026, submitted to The Clerk.
Dec 22, 2025
Motion to extend the time to file a response is granted and the time is further extended to and including February 11, 2026.
Jan 30, 2026
Motion to extend the time to file a response from February 11, 2026 to March 13, 2026, submitted to The Clerk.
Feb 2, 2026
Motion to extend the time to file a response is granted and the time is further extended to and including March 13, 2026.
Feb 27, 2026
Motion to extend the time to file a response from March 13, 2026 to April 16, 2026, submitted to The Clerk.
Mar 2, 2026
Motion to extend the time to file a response is granted and the time is further extended to and including April 16, 2026.
Apr 16, 2026
Brief of respondent Albert Thomas, III, Warden in opposition filed.
May 5, 2026
Reply of petitioner William Maxwell filed. (Distributed)
May 6, 2026
DISTRIBUTED for Conference of 5/21/2026.
May 26, 2026
DISTRIBUTED for Conference of 5/28/2026.
Jun 1, 2026
Motion to proceed in forma pauperis GRANTED. Petition for a writ of certiorari GRANTED limited to the following question: Whether a claim regarding application of time credits under the First Step Act of 2018, 132 Stat. 5195-5208 (codified in relevant part at 18 U. S. C. §§3631–3635), seeking accelerated transfer to a halfway house or home confinement, can be brought in a habeas petition under 28 U. S. C. §2241.
Jun 16, 2026
Brian W. Barnes, Esquire, of Washington, D.C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below.
Jun 25, 2026
Motion for an extension of time to file the briefs on the merits filed.
Jun 26, 2026
Motion to extend the time to file the joint appendix, petitioner's brief on the merits and respondent's brief in support is extended to and including August 5, 2026. The time to file the brief of Court-appointed amicus curiae in support of the judgment below is extended to and including September 18, 2026.
Jul 28, 2026
Letter of notice of respondent substitution filed.
Aug 5, 2026
Brief of petitioner William Maxwell filed.
Aug 5, 2026
Joint appendix filed. (Statement of cost filed)
Aug 5, 2026
Brief for the respondent Sandra Dinis, Acting Warden supporting vacatur filed.
Aug 11, 2026
SET FOR ARGUMENT on Monday, November 2, 2026.
Aug 12, 2026
Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Aug 12, 2026
Brief amici curiae of Habeas Scholars filed.
Aug 12, 2026
Brief amicus curiae of FAMM filed.
Aug 12, 2026
Brief amicus curiae of Representative Jamie Raskin filed.
Aug 12, 2026
Brief amici curiae of Senator Richard J. Durbin, et al. filed.
Aug 19, 2026
Record requested from the United States Court of Appeals for the Fifth Circuit.
Aug 24, 2026
Record received electronically from the United States District Court for the Eastern District of Texas and available with the Clerk.
Aug 27, 2026
CIRCULATED
Sep 1, 2026
Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
Sep 18, 2026
Amicus brief of Court-appointed amicus curiae in support of the judgment below submitted.

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