No. 20-1052

In Re Christopher Gary Baylor

Lower Court: N/A
Docketed: 2021-02-02
Status: Denied
Type: Paid
Tags: civil-rights due-process equal-protection free-speech in-forma-pauperis pro-se-litigant section-1983 section-1983-claim
Latest Conference: 2021-04-01
Question Presented (from Petition)

Does a non-prisoner, indigent, pro se litigant to a Section 1983 claim who initially proceeds In Forma Pauperis but later pays for his appeal, lose the same right of access to court procedures, the same rights as represented parties, the right to be heard on appeal by submission of brief, merely because dismissal by the district court was made pursuant to 28 U.S.C. § 1915(e)(2)(b), which negates the adversarial process, allows the court to act as an advocate for absent defendants, leaving only one party to a case and appeal — equate to a lack of Due Process, Equal Protection and chilling of Free Speech?

Question Presented (AI Summary)

Does a non-prisoner, indigent, pro se litigant to a Section 1983 claim who initially proceeds In Forma Pauperis but later pays for his appeal, lose the same right of access to court procedures, the same rights as represented parties, the right to be heard on appeal by submission of brief, merely because dismissal by the district court was made pursuant to 28 U.S.C. § 1915(e)(2)(b), which negates the adversarial process, allows the court to act as an advocate for absent defendants, leaving only one party to a case and appeal?

Docket Entries

2021-04-05
Petition DENIED.
2021-03-16
DISTRIBUTED for Conference of 4/1/2021.
2021-01-20
Petition for a writ of mandamus filed. (Response due March 4, 2021)

Attorneys

In Re Christopher Gary Baylor
Christopher Gary Baylor — Petitioner