No. 19-5205

Zachary A. Smith v. John A. Matthews, et al.

Lower Court: Eighth Circuit
Docketed: 2019-07-18
Status: Dismissed
Type: IFP
IFP
Tags: circuit-split civil-rights due-process evidence evidentiary-motion medical-evidence prisoner-rights pro-se rule-706 summary-judgment
Key Terms:
SocialSecurity
Latest Conference: 2019-10-01
Question Presented (from Petition)

I
SHOULD A PRO SE PRISONER BE PERMITTED TO ADMIT MEDICAL INFORMATION
FROM A REPUTABLE WEBSITE AS "VERIFYING MEDICAL EVIDENCE" TO OVERCOME
A MOTION FOR SUMMARY JUDGMENT? [The Seventh Circuit said "yes" in
Rowe v. Gibson, 798 F.3d 622 {7th Cir. 2015), but the Eighth Circuit
said "no" in Smith vs. Matthews, et al ]

II
DOES A DISTRICT COURT ABUSE ITS DISCRETION WHEN IT DENIES A PRO SE
PRISONER'S FED.R.EVID. RULE 706 MOTION AND THEN GRANTS SUMMARY JUDGMENT
AGAINST HIM, CLAIMING THE PRISONER FAILED TO PROVIDE VERIFYING MEDICAL
EVIDENCE?

Question Presented (AI Summary)

Should a pro se prisoner be permitted to admit medical information from a reputable website as 'verifying medical evidence' to overcome a motion for summary judgment?

Docket Entries

2019-10-07
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2019-08-29
DISTRIBUTED for Conference of 10/1/2019.
2019-06-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 19, 2019)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Zachary A. Smith
Zachary A. Smith — Petitioner