No. 19-5373

Helga G. Suarez Clark v. Carlos Castellon Cueva, et al.

Lower Court: District of Columbia
Docketed: 2019-07-29
Status: Denied
Type: IFP
IFP
Tags: civil-rights due-process federal-civil-procedure judicial-misconduct personal-injuries pro-se-litigation procedural-due-process res-judicata standing statute-of-limitations terrorism torture
Latest Conference: 2019-10-01
Question Presented (from Petition)

1. USCA (case 18-7182) and DC district court erroneously denied court appointed counsel alleging case didn't have merits but chief judge Colleen Mc Mahon NYSD court (case 1801740) judged it had merits and transferred it to DC june 13 2018;

2. Nullum crimen sine lege dictates what has merit or not, and my case describes acts of terrorism against me, severely disabled.

3. USCA didn't correct the errors of DC district judge K. Brown J. and asked me to refile the case because dismissed without prejudice, despite I clearly stated in complaint I filed 2 days before the last day of expiration of statute of limitations for main claim (tentative of extrajudicial killing, personal injuries, torture) accrued on february 28 2008, so that if i refile a new case as she asks, the statute of limitation will be barred and amounts to a dismissal with prejudice. So USCA should have ordered admitting my transferred case without filing a second amended complaint because of res judicata, and at least ordered my august second amended filing be void and only consider the december filing since the district judge didnt timely respond to my request of extension of time of august, only answering november 5 coercing me illegally to file the invalid hospital bed filed second amended of august.

3. Errors of district judge DC Brown (case 18-01460) asking july 30 (1 was hospitalized for another assault including torture, severe personal injuries I disclosed her) to file in 30 days a 2d amended complaint 25 pages maximum including exhibits, despite my case had 400 pages, mutilating it from its proofs, because suposedly it didnt include a plain and short statement of claims (frcp 8 (a) despite it did on p. 10, violating res judicata (collateral estoppel) in her case 18cv01460 she received transferred by order from C. Mc Mahon chief judge that already admitted it on merits (case 18cv01740). I immediately august 8 asked extension of time of 4-5 months, attaching a medical certificate i was hospitalized july 30 for undetermined time after having been tortured, but judge failed to timely answer, until November, so that not knowing if she would accept the extension, instead of losing the case I was coerced to drafted what i could lying in a hospital bed before the 30 days she gave acrue, coerced by her delay in responding. November 5 she accepted the extension of time so i filed the second amended complaint december 17 according to the 4-5 months concession, once i was out of the hospital but she refused to even read it despite granting the extension of time, I explained her attaching proofs medical documents I was severely injured, to give me time but she just dismissed the case, acting intentionally, in a cruel, malicious, absurd way, asking me pro se not attorney, to redo all the 400 pp lying in a hospital bed... i was hospitalized a month. She should have timely answered my request for extension of time, then canceled the august drafting since I was hospitalized, then only considered the december filing since I asked 4-5 months. She closed the case in november so my december filing was never read.

4. District judge has erroneously ordered me to file a second amended complaint in max 25 pages including exhibits, as my complaint was 400 pages (with exhibits) just because she wanted a resume

Question Presented (AI Summary)

Whether the district court and appeals court erred in denying court-appointed counsel and dismissing the case despite the merits and evidence of terrorism, personal injuries, and torture claims

Docket Entries

2019-10-07
Petition DENIED.
2019-09-12
DISTRIBUTED for Conference of 10/1/2019.
2019-06-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 28, 2019)

Attorneys

Helga G. Suarez Clark
Helga G. Suarez Clark — Petitioner