Kevin Fernandez v. Nevada, et al.
1. Whether a settlement agreement entered into by an inmate and
a State, which incorporates the mandatory language of the Interstate
Corrections Compact, Interstate Cotract between the recieving and sending
States, and those States laws and regulations create a liberty interest
and/or ^property.'interest sufficient to warrant the protections of the
Fourteenth Amendment?
2. Whether the Federal Rules of Civil Procedure 8(a),(d) require
a heightened factual pleading requirement for the allegations that the
plaintiff is similiarly situated with other persons for the purpose
of stating a plausible Equal Protection claim? And if so, does a claim
that alleges that an inmate is similiarly situated with all other inmates
seeking minimum custody status and otherwise eligible therefore
the required factual allefations to plead "similiarly situated"
plausible Equal Protection claim?state
in a
3. Whether a District Court in screening a complaint pursuant to
28 U.S.C. §1915A, is required toconsider all the allegations in a pro
se incarcerated litigant's pleadings combined, alleging the he suffered
an adverse action by prison officials in retaliation for Free Speech
activities to determine if the adverse actions were more than de minis?
And if so, do the pleadings of a pro se incarcerated litigant that
allege that he suffered adverse actions of denial of minimum
threat of transfer toan out of state prisoncustody,
and loss of settlement
agreement benefits allege more than de minimus adverse actions either
individually or combined?
4. Does a claim that alleges that the loss of an inmate's legal
documents by prison officials suffered actual injury through the denial
of parole, an appeal for the denial of parole, and an inability to file
a state court challenge to^the denial of parole, state the required
factual allegations necessary to plead "actual injury" in a First
Amendment interference with the access to the courts action?
5. Whether a District Court is required to allow an incarcerated
pro se litigant to attempt to amend a complaint that it deems to be
factually insufficient during the screening pursuant to28 U.S.C. §1915A,
when additional facts could be alleged to state a plausible claim?
6. Whether an incarcerated pro se litigant has a right to amend
a complaint pursuant to FRCP 15(a) when a magistrate has issued a
Report and Recommendation, recommendingthe dismissal of the complaint
pursuant to .28 U.S.C. §1915A for failure to state a claim, but prior
to the dismissal and adoption of the report? And if so, whether an
amended complaint so filed is the controlling complaint requiring the
magistrate to withdrawal the original Report and Recommendation and/or
screen the amended complaint?
Whether a settlement agreement creates a liberty or property interest