No. 19-8377

Bobby Ray Knight v. Monterey County, California

Lower Court: Ninth Circuit
Docketed: 2020-04-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: antiterrorism-act circuit-court civil-procedure due-process extensions federal-procedure federal-rules-of-civil-procedure habeas-corpus health-issues incarceration statutory-interpretation time-limitations
Latest Conference: 2020-06-25
Question Presented (from Petition)

ARE THE FEDERAL RULES OF CIVIL PROCEDURE (FRAP) TOO RESTRICTIVE OR INFLEXIBLE IN RESOLVING IMPEDIMENTS TO TIMELY LITIGANTS HAMPERED BY THE CONJUNCTIVE DISABILITIES OF
(1) MENTAL HEALTH DISORDERS
(2) MEDICAL HEALTH CRISES, AND
(3) INCARCERATION,
SPECIFICALLY REGARDING FRAP 31-22 (b);
(a) MEETING TIME SCHEDULE ORDERS; OR
(b) SEEKING EXTENSIONS OF TIME FOR FILING BRIEFS;
WITH NOTHING AVAILABLE REGARDING IN EXTRAORDINARY CIRCUMSTANCES.

Question Presented (AI Summary)

Whether the Federal Rules of Civil Procedure 6(a) and 6(b) are too restrictive or inflexible when resolving impediments to timely litigation, and whether timely extensions to file briefs should be available for litigants hampered by the substantive disabilities of (1) material health issues, (2) medical health crises, and (3) incarceration

Docket Entries

2020-06-29
Petition DENIED.
2020-06-10
DISTRIBUTED for Conference of 6/25/2020.
2020-06-03
Waiver of right of respondent Dr. Eliud Garcia, M.D. to respond filed.
2020-04-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 1, 2020)

Attorneys

Bobby Knight
Bobby Ray Knight — Petitioner
Dr. Eliud Garcia, M.D.
Jerome M. VaraniniLaw Office of Jerome M. Varanini, Respondent