No. 18-5133

Peyton John Wesley Hopson v. Stark County, Ohio, et al.

Lower Court: Sixth Circuit
Docketed: 2018-07-05
Status: Denied
Type: IFP
IFP
Tags: amendment certification civil-procedure civil-rights due-process federal-rules-of-civil-procedure forma-pauperis in-forma-pauperis judicial-discretion manifest-injustice pro-se standing
Latest Conference: 2018-09-24
Question Presented (from Petition)

Dots the fact that the district court failed to state in writing its reasons for certifying that Petitioner seeking to proceed in pauperis could not be taken in good faith; along with the fact that the district court did not dismiss Petitioner's claim as rivolous; but for failure to state a claim amount to an erroneous certification of lack of good faith?

Was the district court's departure from any of the multiple and varying Federal Rules of Civil Procedure, as presented in this petition, of an overriding policy resulting in manifest injustice?

Was the district court's failure to give Petitioner leave to amend his pro se complaint a manifest injustice rendering the court's judgment on the merits of the claim voidable?

Question Presented (AI Summary)

Whether the district court's failure to state its reasons for certifying that the petitioner could not proceed in forma pauperis in good faith, along with the failure to dismiss the claim as frivolous but rather for failure to state a claim, amounts to an erroneous certification of lack of good faith

Docket Entries

2018-10-01
Petition DENIED.
2018-08-16
DISTRIBUTED for Conference of 9/24/2018.
2017-09-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 6, 2018)

Attorneys

Peyton Hopson
Peyton John Wesley Hopson — Petitioner