No. 18-8271

Tony Hernandez v. Darlene S. Sims, et al.

Lower Court: Wisconsin
Docketed: 2019-03-05
Status: Denied
Type: IFP
IFP
Tags: appellate-procedure appellate-review civil-procedure civil-rights constitutional-rights court-clerk due-process mailing-rule motion-for-stay petition-rejection pro-se pro-se-guideline standing workman's-compensation
Latest Conference: 2019-05-09
Question Presented (from Petition)

Ia) The Wisconsin Supreme Court sent by request to Petitioner Tony Hernandez a guide to Appellate procedure for the self-represented, that also states on the cover of that pro-se Guide: Clerk of the Wisconsin Supreme Court and Court of Appeals. revised 8/2015: (see exhibits P29, P28, P cover), also see exhibit P29 the guidelines state: plus 3 days if petition for review mailed.

1 b) The due date was July 19 2018, the clerk recognized that the petition was dated and mailed on July 18 2018, the clerk recognized that the petition was received by mail on July 20, 2018.

lc) The Wisconsin supreme court clerk rejected the Wisconsin Supreme Court pro-se guideline rule on page 29 of 'plus 3 days if petition for review if mailed: justifying the rejection as that only pertains to a response. Plus 3 days if petition for review is mailed: by rule it's due July 22 2018

QI) Did a Wisconsin Supreme Court clerk ignore the plus 3-day mailing self- represented rule given to pro-se mailing filer Petitioner Tony Hernandez when he/she rejected the Case review saying it was I day late on July 201, 2018?

2a) Petitioner Tony Hernandez needs the entire 90 days given by Rule 13 to create a Petition for a Writ of Certiorari and to find hidden United States of America Constitutional and U.S. Civil Right statutes and applicable laws to include into this Petition for Certiorari & cannot risk losing this case over a technicality as the United States Supreme Court rule 13 is confusing and a Motion for clarification to the U.S Supreme Court Clerk was returned without an answer as to:

Q2a) Is the final Wisconsin Supreme Court Ruling of August 15 2018 for Petitioner Tony Hernandez' Motion for rule reconsideration the start of the 90 days per Rule 13?

Q2b) Is my United States Supreme Court Petition for Writ of Certiorari due 1112, 18?

02c) Can I change a Petition for Certiorari & refile if my due date is not 10 18 2018?

This case was not allowed to go forward to two conflicting Wisconsin statutes: First one Per Honorable Judge Colon Ruling: a Milwaukee County statute rule, a case against Milwaukee County agencies must commence within six months of the violation which conflicts with Wisconsin statute rule that: a Workman's compensation case must conclude before an action against Milwaukee County can go forward, even for issues not governed by a workman's compensation case.

In the first circuit court action against Milwaukee County by this Petitioner Tony Hernandez the Honorable Judge Colon dismissed the case without prejudiced and verbally ruled in court that the case was dismissed as the workman's compensation case must conclude before the action against Milwaukee County can go forward and the Petitioner Plaintiff Tony Hernandez had 12 months to bring the action back.

03a) Does the two Wisconsin conflicting statutes that prohibit this civil case from going forward that governs issues and damages outside of a Workman's compensation case "trump" Petitioner Tony Hernandez United States of America Constitutional Right to life, liberty and the pursuit of happiness: including just compensation for pain and suffering, including his right to confront his attacker in court, including the unequal treatment and discrimination and coverup of damages to a Milwaukee County minority officer Tony Hernandez

Question Presented (AI Summary)

Did a Wisconsin Supreme Court clerk ignore the plus 3-day mailing self-represented rule given to pro-se mailing filer Petitioner Tony Hernandez when he/she rejected the case review saying it was 1 day late on July 20, 2018?

Docket Entries

2019-08-05
Rehearing DENIED.
2019-07-11
DISTRIBUTED.
2019-06-03
Petition for Rehearing filed.
2019-05-13
Petition DENIED.
2019-04-18
DISTRIBUTED for Conference of 5/9/2019.
2018-10-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 4, 2019)

Attorneys

Tony Hernandez
Tony Hernandez — Petitioner