No. 18-8756

Jonathan S. Williams v. Dr. Kurk, et al.

Lower Court: Ninth Circuit
Docketed: 2019-04-09
Status: Denied
Type: IFP
IFP
Tags: appeal civil-procedure constitutional-rights dismissal due-process federal-procedure judicial-error prima-facie-case res-judicata standing
Latest Conference: 2019-06-06
Question Presented (from Petition)

DID THE U.S.D.C; COMMIT LEGAL ERROR BY GRANTING DEFENDANT'S MOTION TO DISMISS UNDER RES JUDICATA WITHOUT ALLOWING THE APPELLANT AN OPPORTUNITY TO CONTEST IT?

DID. THE U.S.D.C. COMMIT LEGAL ERROR BY ADOPTING 'THE- FINDINGS OF THE MAGISTRATE THAT THE LEGAL ARGUMENTS IN THE FIRST AMENDED COMPLAINT AND REQUEST FOR INJUNCTIVE RELIEF DID NOT STATE A PRIMA FACIE CASE FOR RELIEF EXCEPT FOR THE DENTAL ARGUMENTS?

DID THE U.S.D.C. COMMIT. LEGAL ERROR AND VIOLATE APPELLANT'S DUE PROCESS AND FEDERAL PROCEDURAL RIGHTS BY ALLOWING THE MAGISTRATE TO PARTICIPATE OVER APPELLANT'S REPEATED OBJECTION IN VIOLATION OF ROELL V. WITHROW, CAUSING AN UNWARRANTED IMPACT UPON THE COURT'S APPOINTMENT OF COUNSEL AFTER THE REVERSE AND REMAND BY THE DISTRICT JUDGE?

VI. SHOULD THE U.S.D.C. HAVE ALLOWED SUBSTITUTION OF DEFENDANT PARTIES WHO WERE PLED IN THE DECLARATION OF FACTS (DOF) and SET FORTH IN THE REQUEST FOR INJUNCTIVE RELIEF (RIR) PRIOR TO DI S MIS SAL?

V. DOES DEFENDANT'S CONDUCT HERE AND PRISON POLICIES CREATE DISPARATE LIVING CONDITIONS, VIOLATIONS OF CONTITUTIONAL LAW, ACTING OR FAILING TO ACT IN A DELIBERATELY INDIFFERENT MANNER SUFFICIENT TO SHOCK THE CONSCIENCE CONSTITUTING-ACLEAR AND PRESENT DANGER TO THE APPELLANT AND ALL OTHER CDCR PRISONERS SUFFICIENT TO TRIGGER THE COURT'S DUTY TO INVESTIGATE?

Question Presented (AI Summary)

Did the U.S.D.C. commit legal error by granting defendant's motion to dismiss under res judicata without allowing the appellant an opportunity to contest it?

Docket Entries

2019-06-10
Petition DENIED.
2019-05-22
DISTRIBUTED for Conference of 6/6/2019.
2019-04-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 9, 2019)
2019-01-29
Application (18A786) granted by Justice Kagan extending the time to file until April 1, 2019.
2018-11-07
Application (18A786) to extend the time to file a petition for a writ of certiorari from January 31, 2019 to April 1, 2019, submitted to Justice Kagan.

Attorneys

Jonathan S. Williams
Jonathan S. Williams — Petitioner