No. 19-6903
Alvin R. Barney, II v. Escambia County, Florida, et al.
Response WaivedIFP
Tags: appellate-procedure civil-procedure failure-to-prosecute final-judgment judicial-discretion jurisdiction notice-of-appeal premature-appeal sanction sanctions subject-matter-jurisdiction
Latest Conference:
2020-02-21
Question Presented (from Petition)
FIRST QUESTION
This first question is whether the Eleventh Circuit had the authority or subject matter jurisdiction to dismiss a premature notice of appeal as a sanction for failure to prosecute when no final judgment has been entered?
SECOND QUESTION
As an alternative basis for reversal, the second question is whether the Eleventh Circuit abused its judicial discretion when it dismissed the appeal as a sanction for failure to prosecute without a finding of bad faith?
Question Presented (AI Summary)
Whether the Eleventh Circuit had the authority or subject matter jurisdiction to dismiss a premature notice of appeal as a sanction for failure to prosecute when no final judgment has been entered?
Docket Entries
2020-02-24
Petition DENIED.
2020-01-23
DISTRIBUTED for Conference of 2/21/2020.
2020-01-09
Waiver of right of respondent Judge Pat Kinsey to respond filed.
2019-12-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 10, 2020)
Attorneys
Alvin R. Barney II
Alvin R. Barney II — Petitioner
Judge Pat Kinsey