No. 20-7025

Derrick Michael Allen, Jr. v. Orlando Hudson, Jr.

Lower Court: Fourth Circuit
Docketed: 2021-02-04
Status: Denied
Type: IFP
IFP
Tags: civil-procedure civil-rights constitutional-rights criminal-procedure due-process habeas-corpus immunity monetary-relief post-conviction-relief procedural-default standing state-court-review
Latest Conference: 2021-04-16
Question Presented (from Petition)

WHETHER THE U.S. COURT OF APPEALS FOR THE FOURTH CIRCUIT ERRED IN AFFIRMING THE DISTRICT COURT ORDER IN DISMISSING PETITIONER'S COMPLAINT PURSUANT TO 28 U.S.C. 1915(e)(5)(A) WITHOUT DETERMINING WHETHER THE ACTION OR APPEAL (i) IS FRIVOLOUS OR MALICIOUS; OR (ii) SEEKS MONETARY RELIEF AGAINST A DEFENDANT WHO IS IMMUNE FROM SUCH RELIEF.

MOREOVER, IF STATE JUDGES ARE IMMUNE FROM INFRINGING THE CONSTITUTIONAL RIGHTS OF DEFENDANTS IN CASES IN WHICH THEY PRESIDE OVER?

Question Presented (AI Summary)

Whether the U.S. Court of Appeals erred in affirming the District Court's order dismissing Petitioner's complaint pursuant to 28 U.S.C. 1915 without determining the actions of Appellee were (i) frivolous, (ii) failed to state a claim on which relief was granted, or (iii) sought monetary relief against a defendant who is immune from such relief

Docket Entries

2021-04-19
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2021-03-25
DISTRIBUTED for Conference of 4/16/2021.
2021-01-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 8, 2021)

Attorneys

Derrick Michael Allen, Sr.
Derrick Michael Allen Sr. — Petitioner