Supreme Court of the United States / October Term 2019

Banister v. Davis

Decided June 1, 2020. Elena Kagan delivered the opinion of the Court.

Docket 18-6943 · 590 U.S. 504 · Cited 755 times

Holding

Because a Federal Rule of Civil Procedure 59(e) motion to alter or amend a habeas court’s judgment is not a second or successive habeas petition under 28 U. S. C. §2244(b), Banister’s appeal was timely.

The Court’s statement of the holding, from the opinion’s syllabus. The syllabus is prepared by the Reporter of Decisions and is not part of the opinion of the Court — read the official opinion for authority.

Official text

Read the official opinion (PDF, supremecourt.gov) (opens primary source in a new tab)

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Elena Kagan’s profile · All opinions since October Term 2017 · The Supreme Court

Source: Supreme Court of the United States, slip opinions (2020). Citation count from the Free Law Project’s CourtListener bulk data. Data last verified 2026-07-02. Informational only; verify against the primary source before relying. Not a consumer report (FCRA).