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Dolan Vs. United States
Cites for this judgment
- US Supreme Court
- Jun 14, 2010
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Dolan v. UnitedSearch
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States - 09-367 (2010) Syllabus October Term, 2009 Dolan V. UnitedSearch
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The prohibition is absolute. It cannot be waived or extended for equitable reasons. See John R. Sand & Gravel Co. v. UnitedSearch
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s protection. See, e.g., Kontrick v. RyanSearch
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or other public official of the power to take the action even if the deadline is missed. See, e.g., United States v. Montalvo-MurilloSearch
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United States v. JamesSearch
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parties provides a strong indication that Congress did not intend a missed deadline to work a forfeiture. See Brock v. PierceSearch
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Corey v. UnitedSearch
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here there is no statutory ambiguity sufficiently grievous to warrant its application in this case. Muscarello v. UnitedSearch
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joined. Roberts, C. J., filed a dissenting opinion, in which Stevens, Scalia, and Kennedy, JJ., joined. Dolan v. UnitedSearch
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States - 09-367 (2010) Opinion of the Court Dolan V. UnitedSearch
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Supreme Court of the United States No. 09-367 Brian Russell Dolan, Petitioner V. UnitedSearch
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s petition for certiorari on the question. Compare United States v. ChealSearch
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s authority to enter restitution order past 90 days) and United States v. BalentineSearch
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F. 3d 801 (CA8 2009) (same), with United States v. MaungSearch
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F. 3d 1113 (CA11 2001) (finding no such authority), and United States v. FarrSearch
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to hear a case, to consider pleadings, or to act upon motions that a party seeks to file. See, e.g., Bowles v. RussellSearch
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U. S. 205 (2007). But cf. Kontrick v. RyanSearch
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see also Reed Elsevier, Inc. v. MuchnickSearch
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The parties cannot waive it, nor can a court extend that deadline for equitable reasons. See John R. Sand & Gravel Co. v. UnitedSearch
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Eberhart v. UnitedSearch
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of the power to take the action to which the deadline applies if the deadline is missed. See, e.g., United States v. Montalvo-MurilloSearch
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Brock v. PierceSearch
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Barnhart v. PeabodySearch
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Zedner v. UnitedSearch
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same in context of benefits assignments). See also Regions Hospital v. ShalalaSearch
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officials charged with carrying out mandatory public duties in a timely manner. See id ., at 718 (citing French v. EdwardsSearch
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in turn, are consistent with numerous similar decisions made by courts throughout the Nation. See, e.g., Taylor v. DepartmentSearch
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Hutchinson v. RyanSearch
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State v. IndustrialSearch
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La Buy v. HowesSearch
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party responsible for its cause, i.e. , whether the Government or the victim. Cf., e.g., United States v. StevensSearch
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United States v. TerlingoSearch
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and the Court of Appeals has consolidated the two appeals and decided them together. See, e.g., United States v. StevensSearch
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United States v. MaungSearch
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cf. United States v. ChealSearch
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cabin the discretion they properly exercise over scheduling and sentencing matters. Cf., e.g., United States v. StevensSearch
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United States v. ChealSearch
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has been applied to a statutory time provision in the criminal context. See United States v. WiltbergerSearch
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Bifulco v. UnitedSearch
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to warrant its application in this case. Muscarello v. UnitedSearch
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States , 524 U. S. 125 , 139 (1998) (internal quotation marks omitted). See Caron v. UnitedSearch
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For these reasons, the judgment of the Court of Appeals for the Tenth Circuit is Affirmed. Dolan v. UnitedSearch
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States - 09-367 (2010) Roberts, C. J., Dissenting Dolan V. UnitedSearch
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cf. Corey v. UnitedSearch
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