No. 19-5584

Christopher Isaac Simmons v. Grissom, et al.

Lower Court: Ninth Circuit
Docketed: 2019-08-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: access-to-courts civil-rights constitutional-waiver due-process in-forma-pauperis judicial-procedure prisoner-rights standing vexatious-litigant
Latest Conference: 2019-10-11
Question Presented (from Petition)

Did the Ninth Circuit impermissibly revoke Appellant's In Forma Pauperis (IFP) Status under 28 U.S.C. 1915(g) where Heat Risk prisoner clearly made allegations of ongoing pattern of conduct with supporting evidence conduct demonstrated significant, and "imminent danger of serious physical injury?"

Has the Ninth Circuit decision to revoke Appellant's IFP Status who alleged ongoing threat of imminent danger of serious physical injury "a clear departure from the accepted and usual" course of judicial proceedings and Ninth Circuit's own binding precedents"? If so,

By Revoking IFP Status did the Ninth Circuit improperly "immunize" the district court's alleged "clearly erroneous" decision by denying review on appeal and refused to entertain any further motion(s)?

If the Appellees raise issue of Appellant's "Vexatious Litigant" history under 28 U.S.C. § 1915(g), is Appellant [Petitioner] entitled to assert "New Argument" in defense showing State Governmental actor's Perpetual pattern of "Direct Obstruction and Interference" with Prisoner's Access to the Courts and legal mail tampering, had motive, to intentionally cause legal injury resulting in "STRIKES" against Prisoner? If so,

Does that same pattern of conduct resulted in strike dismissals substantiate "Vexatious Litigant" Branding?; and

Does it immunized the judgments entered against the victim of "State Governmental Official's impermissible conduct causing those injuries?"

Question Presented (AI Summary)

Did the Ninth Circuit impermissibly revoke Appellant's In Forma Pauperis (IFP) status under 28 U.S.C. 1915(g) where a 'high risk' prisoner clearly made allegations of ongoing pattern of conduct with supporting evidence demonstrating significant and imminent danger of serious physical injury?

Docket Entries

2019-10-15
Petition DENIED.
2019-09-19
DISTRIBUTED for Conference of 10/11/2019.
2019-09-05
Waiver of right of respondents Grissom, Keiley, St. Lucia, and Rients to respond filed.
2019-09-05
Waiver of right of respondent Jonathan Akanno, M.D. to respond filed.
2019-08-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 13, 2019)
2019-05-03
Application (18A1138) granted by Justice Kagan extending the time to file until August 10, 2019.
2019-04-13
Application (18A1138) to extend the time to file a petition for a writ of certiorari from June 11, 2019 to August 10, 2019, submitted to Justice Kagan.

Attorneys

Christopher Isaac Simmons
Christopher Simmons — Petitioner
Grissom, Keiley, St. Lucia, and Rients
Jaime Michelle GansonState of California, Attorney General's Office, Respondent
Jonathan Akanno, M.D.
Janine Kim JefferyReily & Jeffery, Inc., Respondent