JUDGMENT ISSUED.

Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Sotomayor, Gorsuch, and Kavanaugh, JJ., joined. Alito, J., filed a dissenting opinion, in which Thomas, J., joined.

Argued. For petitioner: Brian T. Burgess, Washington, D. C. For respondent: Kyle D. Hawkins, Solicitor General, Austin, Tex.; and Benjamin Snyder, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)

Reply of petitioner Gregory Dean Banister filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Brief amici curiae of States of Indiana, et al. filed. (Distributed)

Brief amicus curiae of United States filed. (Distributed)

CIRCULATED

Record requested from the U.S.C.A. 5th Circuit.

The Record from the U.S.C.A. 5th Circuit is electronic and located on Pacer.

SET FOR ARGUMENT on Wednesday, December 4, 2019.

Brief amici curiae of Law Professors with Expertise in Habeas Corpus and Civil Procedure filed.

Brief amicus curiae of National Association of Criminal Defense Lawyers filed.

Brief of petitioner Gregory Dean Banister filed.

Joint appendix filed. (Statement of costs filed)

Joint 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 August 26, 2019. The time to file respondent's brief on the merits is extended to and including October 18, 2019.

Joint motion for an extension of time to file the briefs on the merits filed.

Motion to proceed in forma pauperis GRANTED, and petition for a writ of certiorari GRANTED limited to the following question: Whether and under what circumstances a timely Rule 59(e) motion should be recharacterized as a second or successive habeas petition under Gonzalez v. Crosby, 545 U. S. 524 (2005).

DISTRIBUTED for Conference of 6/20/2019.

Rescheduled.

DISTRIBUTED for Conference of 5/9/2019.

Brief of respondent Lorie Davis, Director TDCJ in opposition filed.

Letter from counsel for petitioner received.

Motion to extend the time to file a response is granted in part, and the time is extended to and including April 10, 2019.

Motion to extend the time to file a response from February 27, 2019 to April 26, 2019, submitted to The Clerk.

Response Requested. (Due February 27, 2019)

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 7, 2019)

Gregory Dean Banister, Petitioner, represented by Brian Timothy Burgess

Gregory Dean Banister, Petitioner, pro se

Gregory Dean Bannister, Petitioner, represented by Brian Timothy Burgess

Lorie Davis, Director TDCJ, Respondent, represented by Kyle Douglas Hawkins

Lorie Davis, Director TDCJ, Respondent, represented by Joseph Peter Corcoran

Lorie Davis, Director TDCJ, Respondent, represented by Susan Frances San Miguel

Law Professors with Expertise in Habeas Corpus and Civil Procedure, Amicus Curiae, represented by Charlotte Hemenway Taylor

National Association of Criminal Defense Lawyers, Amicus Curiae, represented by Barbara Ellen Bergman

States of Indiana, Alabama, Florida, Georgia, Hawaii, Idaho, Kansas, Louisiana, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, and Tennessee as Amici Curiae in Support of Respondent, Amicus Curiae, represented by Thomas M. Fisher

United States, Amicus Curiae, represented by Noel J. Francisco