No. 18-9452

In Re Kirk Wayne McBride, Sr.

Lower Court: N/A
Docketed: 2019-05-31
Status: Denied
Type: IFP
IFP
Tags: appeals civil-procedure civil-rights clerk-authority clerk-discretion court-of-appeals due-process federal-courts filing-requirements habeas-corpus in-forma-pauperis judicial-authority procedural-compliance standing title-28 title-28-usc-1915
Latest Conference: 2019-10-01
Question Presented (from Petition)

Issue No.1: Does a United States District Court have the authority to treat and serve a Complaint under Title 42 U.S.C, Section 1983 pursuant to Title 28 U.S.C, Section 1915, without determining whether the party is a person subject to the provisions of Title 28 U.S.C, Section 1915?

Issue No.2: Does the Clerk of a United States Court of Appeals have the authority to dismiss an appeal of a party under the three (3) strikes provision of Title 28 U.S.C, Section 1915, without any proof that the party is a person subject to Title 28 U.S.C, Section 1915?

Question Presented (AI Summary)

Does the United States District Court have the authority to gather and review civil service records & complaints to determine whether the party is a person subject to the provisions of Title 28 U.S.C. Section 1915?

Docket Entries

2019-10-07
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of mandamus is dismissed. See Rule 39.8.
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-04-05
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due July 1, 2019)
Motion for Leave to Proceed in Forma PauperisPetitionAppendix

Attorneys

In Re Kirk W. McBride
Kirk Wayne McBride — Petitioner