No. 18-8369
 
Title: Arthur J. Lomax, Petitioner
v.
Christina Ortiz-Marquez, et al.
Docketed: March 11, 2019
Lower Ct: United States Court of Appeals for the Tenth Circuit
   Case Numbers: (18-1250)
   Decision Date: November 8, 2018
Questions Presented
 
Proceedings and Orders
Feb 05 2019 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 10, 2019)
Apr 24 2019 DISTRIBUTED for Conference of 5/9/2019.
Apr 30 2019 Response Requested. (Due May 30, 2019)
May 20 2019 Motion to extend the time to file a response from May 30, 2019 to July 1, 2019, submitted to The Clerk.
May 23 2019 Motion to extend the time to file a response is granted and the time is extended to and including July 1, 2019.
Jul 01 2019 Brief of respondents Christina Ortiz-Marquez, et al. in opposition filed.
Jul 16 2019 Reply of petitioner Arthur Lomax filed.
Jul 18 2019 DISTRIBUTED for Conference of 10/1/2019.
Oct 07 2019 DISTRIBUTED for Conference of 10/11/2019.
Oct 15 2019 DISTRIBUTED for Conference of 10/18/2019.
Oct 18 2019 Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to the following question: Does a dismissal without prejudice for failure to state a claim count as a strike under 28 U.S.C. ยง1915(g)?
Nov 05 2019 Motion for an extension of time to file the briefs on the merits filed.
Nov 25 2019 Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 9, 2019. The time to file respondents' brief on the merits is extended to and including January 15, 2020.
Nov 26 2019 SET FOR ARGUMENT on Wednesday, February 26, 2020.
Dec 06 2019 Blanket Consent filed by Respondents, Christina Ortiz-Marquez, et al.
Dec 09 2019 Joint appendix filed. (Statement of costs filed)
Dec 09 2019 Brief of petitioner Arthur Lomax filed.
Dec 16 2019 Brief amicus curiae of Roderick and Solange MacArthur Justice Center in support of neither party filed.
Dec 16 2019 Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jan 09 2020 Record requested from the U.S.C.A. 10th Circuit.
Jan 09 2020 The record from the U.S.C.A. 10th circuit is electronic and located on PACER.
Jan 15 2020 Brief of respondents Christina Ortiz-Marquez, et al. filed.
Jan 21 2020 CIRCULATED
Jan 22 2020 Amicus brief of United States not accepted for filing. (January 22, 2020 - Correct electronic file to be submitted.)
Jan 22 2020 Brief amicus curiae of United States filed. (Distributed)
Jan 22 2020 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 22 2020 Brief amici curiae of Council of State Governments, et al. filed. (Distributed)
Jan 22 2020 Brief amici curiae of Arizona, Connecticut, and 30 other states filed. (Distributed)
Feb 14 2020 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 14 2020 Reply of petitioner Arthur Lomax filed. (Distributed)
Feb 26 2020 Argued. For petitioner: Brian T. Burgess, Washington, D. C. For respondents: Eric R. Olson, Solicitor General, Denver, Colo.; and Jeffrey A. Rosen, Deputy Attorney General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jun 08 2020 Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Alito, Sotomayor, Gorsuch, and Kavanaugh, JJ., joined, and in which Thomas, J., joined as to all but footnote 4.
Jul 10 2020 JUDGMENT ISSUED.
Attorneys
Attorneys for Petitioners
Brian Timothy Burgess
Counsel of Record
Goodwin Procter, LLP
1900 N Street, N.W.
Washington, DC 20036

BBurgess@goodwinlaw.com
Ph: 2023464000
Party name: Arthur Lomax


Arthur James Lomax
Bent County Correctional Facility 11560 County Road
Las Amina, CO 81054

Ph:
Party name: Arthur Lomax


Attorneys for Respondents
Eric Reuel Olson
Counsel of Record
Solicitor General
1300 Broadway 10th Floor
Denver, CO 80203

eric.olson@coag.gov
Ph: 7205086548
Party name: Christina Ortiz-Marquez et al.


Other Attorneys
Drew Curtis Ensign
Holtzman Vogel
2555 E. Camelback Road
Suite 700
Phoenix, AZ 85016

densign@holtzmanvogel.com
Ph: 602-388-1262
Party name: Arizona, Connecticut, and 30 other states


Noel John Francisco
Jones Day
51 Louisiana Avenue, NW
Washington, DC 20001

NJFRANCISCO@JONESDAY.COM
Ph: (202) 879-3939
Party name: United States


Jeffrey Adam Rosen
U.S. Justice Dept-Deputy Attorney General
950 Penn Ave, NW
Room 4111
Washington, DC 20530

Ph: (202) 514-2101
Party name: United States


David Michael Shapiro
Roderick & Solange MacArthur Justice Center
375 East Chicago Avenue
Chicago, IL 60611

david.shapiro@law.northwestern.edu
Ph: 312-503-0711
Party name: Roderick and Solange MacArthur Justice Center


Anthony F. Shelley
Miller & Chevalier Chartered
900 Sixteenth Street NW
Washington, DC 20006

ashelley@milchev.com
Ph: 202-626-5800
Party name: National Association of Criminal Defense Lawyers


Misha Tseytlin
Troutman Pepper Locke LLP
111 South Wacker Drive
Suite 4100
Chicago, IL 60606

MISHA.TSEYTLIN@TROUTMAN.COM
Ph: 608-999-1240
Party name: Council of State Governments, et al.