No. 18-7805

Michael Bohannan v. Wesley Griffin

Lower Court: Fifth Circuit
Docketed: 2019-02-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion appellate-procedure civil-rights court-discretion deputy-clerk discretion-abuse due-process federal-rules-of-appellate-procedure indigent-representation legal-access motion-classification reconsideration rule-26(b) standing time-extension
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-03-22
Question Presented (from Petition)

DOES A UNITED STATES COURT OF APPEALS DEPUTY CLERK ABUSE THEIR DISCRETION/AUTHORITY WHEN THEY REFUSE TO TAKE ANY ACTION ON A LITIGANT'S TIME EXTENSION MOTION BECAUSE THAT DEPUTY CLERK REFUSED TO CONSIDER THE PROVISION OF RULE 26(b) OF THE FEDERAL RULES OF APPELLATE PROCEDURE IN MAKING THAT NON-ACTION DETERMINATION, AND RELIED SOLELY UPON RULE 40 OF THOSE RULES?

And, if so,

DOES A UNITED STATES COURT OF APPEALS ABUSE ITS DISCRETION WHEN IT DENIES RECONSIDERATION OF A DEPUTY CLERK'S NON-ACTION ABUSE OF DISCRETION DETERMINATION?

DOES A UNITED STATES COURT OF APPEALS DEPUTY CLERK ABUSE THEIR DISCRETION/AUTHORITY WHEN THEY TAKE A PROPERLY FILED AND TITLED MOTION FOR RECONSIDERATION OF A DEPUTY CLERK'S PRIOR DETERMINATION AND (1) REFUSES TO PRESENT THAT MOTION FOR RECONSIDERATION TO THE COURT FOR ITS CONSIDERATION, (2) DECIDES TO RECLASSIFY THE RECONSIDERATION MOTION AND TREAT IT AS A MOTION TO FILE FOR REHEARING OUT-OF-TIME, AND (3) THEN REFUSES TO PRESENT THAT OUT-OF-TIME MOTION TO THE COURT UNLESS THE APPELLANT FILES THE ACTUAL REHEARING MOTION WITHIN WHAT IS ACTUALLY ONE SINGLE DAY?

And, if so,

DOES A UNITED STATES COURT OF APPEALS ABUSE ITS DISCRETION WHEN IT DENIES RECONSIDERATION OF A DEPUTY CLERK'S ABUSE OF DISCRETION IN DETERMINING TO RECLASSIFY A PROPERLY TITLED RECONSIDERATION MOTION AND/OR IN DETERMINING A TIME LIMIT FOR FILING FOR REHEARING THAT IN ACTUALITY IS A SINGLE DAY?

DOES A UNITED STATES COURT OF APPEALS ABUSE ITS DISCRETION IN ITS DECISION NOT TO APPOINT COUNSEL FOR A DETAINED INDIGENT APPELLANT, IN A CIVIL RIGHTS ACTION, WHERE (1) THE APPELLATE COURT FAILS TO EXERCISE ITS DISCRETION UNDER A PROPER ANALYSIS OF THE SITUATION; (2) THE CASE INVOLVES MULTIPLE CONSTITUTIONAL AND STATE CLAIMS; (3) THE DISTRICT COURT'S MEMORANDUM AND ORDER IS 39 PAGES LONG; (4) THE RECORD ON APPEAL IS OVER 3,750 PAGES; (5) THE APPELLEE NEEDED, AND OBTAINED PERMISSION FROM THE APPELLATE COURT, TO FILE A DOUBLE-PAGE LENGTH BRIEF; (6) THE APPELLANT'S JAILERS INTERFERED WITH HIS ACCESS TO BRING THE APPEAL BY PLACING HIM ON A LEGAL REFERENCE MATERIAL RESTRICTION; (7) THE APPELLANT WAS UNABLE TO FILE A REPLY BECAUSE OF THE JAILERS' ACTIONS; (8) THE APPELLANT'S JAILERS SEIZED 12" OF THE APPELLANT'S FILES FOR THE CASE; AND (9) THE APPELLANT'S SERVICE OF LEGAL MAIL WAS SO IMPAIRED THAT HE WAS UNABLE TO FILE ANY REHEARING MOTION IN THE APPEAL?

Question Presented (AI Summary)

Does a court of appeals deputy clerk abuse discretion by refusing to consider appellate procedure rules in a time extension motion decision

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-03-04
Waiver of right of respondent Wesley Griffin to respond filed.
2018-09-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2019)
2018-07-19
Application (18A61) granted by Justice Alito extending the time to file until September 7, 2018.
2018-07-05
Application (18A61) to extend the time to file a petition for a writ of certiorari from July 10, 2018 to September 8, 2018, submitted to Justice Alito.

Attorneys

Michael Bohannan
Michael W. Bohannan — Petitioner
Wesley Griffin
Leah Jean O'LearyOffice of the Attorney General of Texas, Respondent