No. 18-7853

John Patrick Fletcher v. Celia Schwartz, et al.

Lower Court: Tenth Circuit
Docketed: 2019-02-08
Status: Denied
Type: IFP
IFP
Tags: 28-usc-1915 42-U.S.C-1983 7th-amendment abuse-of-discretion civil-procedure due-process prisoner-complaint pro-se section-1915 section-1983 section-242 seventh-amendment standing takings
Latest Conference: 2019-04-12
Question Presented (from Petition)

Whether the Seventh Amendment allows an action to be dismissed under 28 U.S.C. § 1915— without a finding of factual error - six months after the issuance of an "Order Granting Leave to Proceed Pursuant to 28 U.S.C. § 1915" for the same actions.

Whether a pro se prisoner complaint, which pled facts demonstrating each prong of 18 U.S. C. § 242, can fail to state a claim upon which relief may be granted under 42 U.S.C. § 1983.

Whether dismissals under 28 U.S.C. § 1915(e) are reviewed de novo or for abuse of discretion.

Whether it is "reasonably related to legitimate penological interests" standard under Turner v. Safley, 482 U.S. 78, 89 (1987), for a prison official to insist to the reporting victim, that a fellow prison official's conduct was not a crime.

Whether the constitution and the laws of the united States are the supreme law within prison walls.

Question Presented (AI Summary)

Whether the Seventh Amendment allows an action to be dismissed under 28 U.S.C. § 1915 — without a finding of factual error — six months after the issuance of an 'Order Granting Leave to Proceed Pursuant to 28 U.S.C. § 1915' for the same actions

Docket Entries

2019-04-15
Petition DENIED.
2019-03-21
DISTRIBUTED for Conference of 4/12/2019.
2018-10-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2019)

Attorneys

John Fletcher
John Patrick Fletcher — Petitioner