No. 19-6563

Robert William Wazney v. South Carolina

Lower Court: Fourth Circuit
Docketed: 2019-11-08
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: access-to-court access-to-courts civil-rights court-access due-process federal-courts in-forma-pauperis judicial-immunity ministerial-duty standing state-court
Latest Conference: 2020-03-20 (distributed 2 times)
Question Presented (from Petition)

Present Petitioner, an indigent state prisoner, brought suit for monetary damages against state court clerk under civil rights statute for alleged failure to perform ministerial duty to file—on seven (7) different occasions —in forma pauperis papers with court and denying Petitioner's access to court, where, in connection with divorce intertwined with criminal allegations, Petitioner seeked to obtain legitimate untainted assets inappropriately pre-trial restrained by Court while Petitioner was a criminal defendant and thereafter. The United States District Court of South Carolina, at Greenville, Henry M. Herlong Jr., Senior Judge, entered a Judgment dismissing the complaint and prisoner appealed. The court of appeals, Judge King, Judge Richardson, Judge Shedd, held, inter alia, in affirmance with South Carolina District Court who refused to notice Petitioner's claim, that county clerk was immune from suit where action complained was ministerial and therefore giving privilege of absolute judicial immunity to State ministerial officer.

Affecting millions of persons, can federal citizens hold standing when federal court ignores thier claim(s)?

Question Presented (AI Summary)

Whether federal citizens have standing when federal courts ignore their claims

Docket Entries

2020-03-23
Rehearing DENIED.
2020-02-26
DISTRIBUTED for Conference of 3/20/2020.
2020-02-06
Petition for Rehearing filed.
2020-01-13
Petition DENIED.
2019-12-19
DISTRIBUTED for Conference of 1/10/2020.
2019-10-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 9, 2019)
2019-10-17
Application (19A420) granted by The Chief Justice extending the time to file until December 26, 2019.
2019-10-08
Application (19A420) to extend the time to file a petition for a writ of certiorari from October 27, 2019 to December 26, 2019, submitted to The Chief Justice.

Attorneys

Robert Wazney
Robert William Wazney — Petitioner