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
   Rehearing Denied:
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Feb 05 2019Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 10, 2019)
Motion for Leave to Proceed in Forma PauperisPetitionAppendix
Apr 24 2019DISTRIBUTED for Conference of 5/9/2019.
Apr 30 2019Response Requested. (Due May 30, 2019)
May 20 2019Motion to extend the time to file a response from May 30, 2019 to July 1, 2019, submitted to The Clerk.
Main DocumentProof of Service
May 23 2019Motion to extend the time to file a response is granted and the time is extended to and including July 1, 2019.
Jul 01 2019Brief of respondents Christina Ortiz-Marquez, et al. in opposition filed.
Main DocumentProof of Service
Jul 16 2019Reply of petitioner Arthur Lomax filed.
Main DocumentProof of Service
Jul 18 2019DISTRIBUTED for Conference of 10/1/2019.
Oct 07 2019DISTRIBUTED for Conference of 10/11/2019.
Oct 15 2019DISTRIBUTED for Conference of 10/18/2019.
Oct 18 2019Motion 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 2019Motion for an extension of time to file the briefs on the merits filed.
Main Document
Nov 25 2019Motion 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 2019SET FOR ARGUMENT on Wednesday, February 26, 2020.
Dec 06 2019Blanket Consent filed by Respondents, Christina Ortiz-Marquez, et al.
Blanket Consent
Dec 09 2019Joint appendix filed. (Statement of costs filed)
Main DocumentProof of ServiceOther
Dec 09 2019Brief of petitioner Arthur Lomax filed.
Main DocumentCertificate of Word CountProof of Service
Dec 16 2019Brief amicus curiae of Roderick and Solange MacArthur Justice Center in support of neither party filed.
Main DocumentCertificate of Word CountProof of Service
Dec 16 2019Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Main DocumentCertificate of Word CountProof of Service
Jan 09 2020Record requested from the U.S.C.A. 10th Circuit.
Jan 09 2020The record from the U.S.C.A. 10th circuit is electronic and located on PACER.
Jan 15 2020Brief of respondents Christina Ortiz-Marquez, et al. filed.
Main DocumentCertificate of Word CountProof of Service
Jan 21 2020CIRCULATED
Jan 22 2020Amicus brief of United States not accepted for filing. (January 22, 2020 - Correct electronic file to be submitted.)
Jan 22 2020Brief amicus curiae of United States filed. (Distributed)
Main DocumentProof of Service
Jan 22 2020Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Proof of ServiceMain Document
Jan 22 2020Brief amici curiae of Council of State Governments, et al. filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Jan 22 2020Brief amici curiae of Arizona, Connecticut, and 30 other states filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Feb 14 2020Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 14 2020Reply of petitioner Arthur Lomax filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Feb 26 2020Argued. 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 2020Adjudged 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 2020JUDGMENT ISSUED.

NAMEADDRESSPHONE
Attorneys for Petitioner
Brian Timothy Burgess
    Counsel of Record
Goodwin Procter, LLP
1900 N Street, N.W.
Washington, DC 20036

BBurgess@goodwinlaw.com
2023464000
Party name: Arthur Lomax
Arthur J. Lomax134416
Limon Correctional Facility
P.O. Box 10000
Limon, CO 80826

Party name: Arthur Lomax
Attorneys for Respondents
Eric R. Olson
    Counsel of Record
Solicitor General
1300 Broadway
10th Floor
Denver, CO 80203

eric.olson@coag.gov
7205086548
Party name: Christina Ortiz-Marquez et al.
Other
Drew Curtis Ensign
    Counsel of Record
Office of the Attorney General
2005 N. Central Avenue
Phoenix, AZ 85004

drew.ensign@azag.gov
602-542-5025
Party name: Arizona, Connecticut, and 30 other states
Noel J. FranciscoSolicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SupremeCtBriefs@USDOJ.gov
202-514-2217
Party name: United States
Jeffrey Adam RosenU.S. Justice Dept-Deputy Attorney General
950 Penn Ave, NW
Room 4111
Washington, DC 20530

(202) 514-2101
Party name: United States
David Michael Shapiro
    Counsel of Record
Roderick and Solange MacArthur Justice Center
375 East Chicago Avenue
Chicago, IL 60611

david.shapiro@law.northwestern.edu
312-503-0711
Party name: Roderick and Solange MacArthur Justice Center
Anthony F. Shelley
    Counsel of Record
Miller & Chevalier Chartered
900 Sixteenth Street NW
Washington, DC 20006

ashelley@milchev.com
202-626-5800
Party name: National Association of Criminal Defense Lawyers
Misha Tseytlin
    Counsel of Record
Troutman Sanders LLP
One North Wacker Drive
Suite 2905
Chicago, IL 60606

misha.tseytlin@troutman.com
312-759-5947
Party name: Council of State Governments, et al.