No. 19-5702

Tony D. Walker v. Green Bay Correctional Institution Health Services Unit, et al.

Lower Court: Seventh Circuit
Docketed: 2019-08-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-amendment access-to-courts civil-procedure civil-rights constitutional-law due-process exhaustion-of-remedies frivolous-claims prison-conditions prisoners-rights procedural-hurdles standing statutory-interpretation
Key Terms:
SocialSecurity Patent HealthPrivacy
Latest Conference: 2019-10-11
Question Presented (from Petition)

I. WHETER 28 U.S.C.3 1915(S) s OVERBROAL, UNCONSTUTIONAL, AND INVALID WHERE CONSRESS HAS ENAETEd THE STAIUNE THAT INTENTIONALLY CHILLS ANd VIOLAIES INLISEN PRISONER'S FIST AMMENCITENT CONSTTIUIONAL RiSBS TO pETION ThE COUTS FOR REdNESS of ThEIn GRIEVANCES MENELy bECAUSE THE INDISENT pRISONERS hAVE hAD 3 OR MONE ACTiONS diSMSSEd FOR AllEEy FLiN TO STE A CAM oR bECAUSE ThEN ClAIMS WENE AlESEd TO DE HRVOLOUS OR MALICiOUS?

2.WHETER CIRCUT COUT ERREd AND ABUSED I dISCRERON WHEN TT FOUNd TA PETTIONER SASISTIED ThE IMMiNET CANSEL EXCEPTON O7 28 US.C.S 191SCS), bUT STill dENE hiM LEAVE TO PROCEEl IN FoRMA PAUpERiS ON APpEAL ANd OndEREt ThE UNil his pevios tilins tes Ane pAd s tull?

3.DId ThE DISiC COU EaANd AbUSE diEON WEN CUR SUMAny JudienT proceedings IT wEiShEd, And MACE CREdibitiy EETEAMNAIONS RESARCINS, TE EVICENCE AN Y disnEgAndEd on SouN-played pENTiONERS I 50wO EVICENCE whICH CONIRACICT3 ANC Is CONTRARY TO dOCUMEMTARY THE RESPONCENTS AESATONS CONTATINEL IN ThEIR COCUMENTIS?

4. WHETMEL A PRISONEL SAISTIES ThE REGUIREMENT o TE PRISON LiigTIoN REtoRM AT whEN ThEy, bOTh, FOlloW ThE pRoCEdURAL RUlES ESIAbiShEd by ThE STTE FOR ExhAUSTiN ThEi AdMiNISIAIVE c Ms supplied by The DEPARIMENT O CORLECTIONS FOreThAT PURpOSE IN AECondANCE WIV THE INSILUCTIONS ON THE INMTATE COMMPLAINT FORCMS?

S. WHETER A pRISONER ATDMATICAHY WAIVES HS RiST TO MELICH FiLE AN FEiOoN AllEgSiNS VIOLATiON ThEn EighTh AMENdMET RighT TO RECEIVE MELICAL CANE tROM pISON OfHiCIALS?

6. WhETER DISIRICT COUT CLEARLy AbUSEd IB dISCRETION WhEN T dENIEL PETTIONER'S MOTIONS FOR SANETIONS ASANST

Question Presented (AI Summary)

Whether 28 U.S.C. § 1915(a) is unconstitutional, when courts have denied prisoners past relief for their grievances merely because the prisoners have had prior actions dismissed for allegedly failing to state a claim or because their claims were alleged to be frivolous or malicious

Docket Entries

2019-10-15
Petition DENIED.
2019-09-26
DISTRIBUTED for Conference of 10/11/2019.
2019-09-18
Waiver of right of respondents Green Bay CI, et al. to respond filed.
2019-08-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 23, 2019)
2019-06-14
Application (18A1311) granted by Justice Kavanaugh extending the time to file until August 8, 2019.
2019-06-07
Application (18A1311) to extend the time to file a petition for a writ of certiorari from June 9, 2019 to August 8, 2019, submitted to Justice Kavanaugh.

Attorneys

Green Bay CI, et al.
Anthony David RussomannoWisconsin Department of Justice, Respondent
Tony Walker
Tony D. Walker — Petitioner