No. 18-5925

Dean Loren v. City of New York, New York, et al.

Lower Court: Second Circuit
Docketed: 2018-09-12
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appeal-filing civil-procedure civil-rights constitutional-procedure due-process federal-appellate-procedure federal-rules-of-appellate-procedure judicial-misconduct public-forum standing state-actor
Key Terms:
DueProcess FirstAmendment
Latest Conference: 2019-01-11 (distributed 2 times)
Question Presented (from Petition)

1. Whether it is Constitutional for the lower Appellate Court, to so far depart from the accepted and usual course of judicial proceedings, or sanction such a departure by the initial court of record, as to call for an inevitable exercise of this Appellate Court's supervisory power to restore Petitioner's appeal to the Second Circuit based on the lower Appellate Court's:
.1 Failure to file an appeal under FRAP Rule 41 Filing of Appeal within 60 days of a case involving a federal employee;
.2 Failure to include three (3) mailing days to the calculation of time for filing an appeal for a final decision mailed to a party that is without electronic filing under FRAP Rule 4 and
.3 Failure of District Judge to control her rubber stamp that created violations of due process when there were major conflicts of interest?

2. Whether it is Constitutional to grant Federal Status for filing within 60 days, an appeal under FRAP Rule 4 on:
1 A US Deputy Marshal Security Monitor contracted by the Department of Justice; and
2 A District Judge's Clerk?

3. Whether it is Constitutional for a duly elected municipal official serving in their duly elected official capacity on the public access television board as a state actor to oversee a state actor private public access telecommunication franchise operator's public forum?

4. Whether it is Constitutional for public access television franchisee operator as a state actor to ban member producers without holding public hearing required under a public forum?

Question Presented (AI Summary)

Whether the lower Appellate Court departed from the accepted and usual course of judicial proceedings in failing to file an appeal under FRAP Rule 4, failing to include three mailing days in the calculation of time for filing an appeal, and failing to control the district judge's rubber stamp that created due process violations

Docket Entries

2019-01-14
Rehearing DENIED. The Chief Justice, Justice Ginsburg and Justice Sotomayor took no part in the consideration or decision of this petition.
2018-12-26
DISTRIBUTED for Conference of 1/11/2019.
2018-12-12
Petition for Rehearing filed.
2018-11-19
Petition DENIED. The Chief Justice took no part in the consideration or decision of this petition.
2018-11-01
DISTRIBUTED for Conference of 11/16/2018.
2018-10-12
Brief of respondents Manhattan Community Access Corporation, Daniel Coughlin, Jeanette Santiago, Cory Bryce, Zenaida Mendez, June W. Middleton, and Chris Gethard in opposition filed.
2018-10-02
Waiver of right of respondent City of New York and Gale Brewer to respond filed.
2018-09-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 12, 2018)

Attorneys

City of New York and Gale Brewer
Scott Shorr — Respondent
Dean Loren
Dean Loren — Petitioner
Manhattan Community Access Corporation, Daniel Coughlin, Jeanette Santiago, Cory Bryce, Zenaida Mendez, June W. Middleton, and Chris Gethard
Michael B. de LeeuwCozen O'Connor, Respondent