No. 18-8363
Joshua G. Stegemann v. United States
Response WaivedIFP
Tags: 28-usc-1915 appellate-procedure circuit-court criminal-appeal dismissal federal-rules greenlaw-v-united-states gvr in-forma-pauperis neitzke-v-williams party-presentation-rule sua-sponte sua-sponte-dismissal
Key Terms:
JusticiabilityDoctri
JusticiabilityDoctri
Latest Conference:
2019-04-12
Question Presented (from Petition)
May the Second Circuit dismiss a criminal appeal sua sponte under Neitzke v. Williams and 28 U.S.C. § 1915 (e) without briefing by any party and without rescindment of in forma pauperis status by the District Court under Fed. R. App. P. 24 (a) (3)?
Did the Second Circuit violate the party presentation rule as defined in Greenlaw v. United States by dismissing the appeal sua sponte thus warranting disposition by way of a GVR?
Question Presented (AI Summary)
Whether the Second Circuit may dismiss a criminal appeal sua sponte under Neitzke v. Williams and 28 U.S.C. § 1915 (e) without briefing by any party and without rescindment of in forma pauperis status by the District Court under Fed. R. App. P. 24 (a) (3)
Docket Entries
2019-04-15
Petition DENIED.
2019-03-21
DISTRIBUTED for Conference of 4/12/2019.
2019-03-18
Waiver of right of respondent United States to respond filed.
2019-02-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 10, 2019)
Attorneys
Joshua G. Stegman
Joshua G. Stegemann — Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent