No. 20-7625

James Arthur Ross v. John Myrick, et al.

Lower Court: Ninth Circuit
Docketed: 2021-04-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure civil-rights district-court-discretion due-process judicial-error prisoner-rights pro-se-litigation property-exemption standing statutory-interpretation summary-judgment
Latest Conference: 2021-05-13
Question Presented (from Petition)

Did the District Court error by ignoring Oregon's Wildcard Exemption Rule announced in ORS 18.345(l)(o)(2011) and in Schlunt v. Nooth, 261 Or. App. 866, 326 P.3d 1289(Or. App., 2014) and Schlunt v. Nooth, 355 Or. 668, 330 P.3d 27 (Or., 2014)71.

Did the District Court error in not allowing the plaintiff to proceed to trial to present evidence to a jury that the defendants were actively pursuing legislation to bypass the Oregon Property Exemption Rules and law announced in Schlunt v Nooth, thus, showing they were knowing of issues relating to the manner in which monies were being withdrawn from Prisoners' bank accounts to pay towards such outside liens?2.

Did the District Court error in determining that that the scope of this case was simply resolved by determining that prison officials have the right to collect monies from a Prisoner's bank account to pay towards debts and that such determination outrightly barred any litigation of any kind on the matters?3.

Did the District Court error in not allowing a pro se litigant any discovery or expert witness? 4.

Did the District Court error in determining that the defendants had met their threshold to satisfy summary judgment, especially before shifting the burden onto the plaintiff?5.

Did the District Court error in determining that Plaintiffs case had no genuine issues of fact suitable for trial?6.

Did the District Court error by not appointing counsel to represent the plaintiff in this complex case? Alternatively, did the District Court abuse it's discretion in not even requesting the appointment of counsel? Alternatively, does a District Court have "inherent authority " to appoint counsel regardless of §1915?7.

Question Presented (AI Summary)

Did the District Court error by ignoring Oregon's Wildcard Exemption Rule

Docket Entries

2021-05-17
Petition DENIED.
2021-04-22
DISTRIBUTED for Conference of 5/13/2021.
2021-04-19
Waiver of right of respondent John Myrick, et al. to respond filed.
2021-01-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 3, 2021)

Attorneys

James Arthur Ross
James Arthur Ross — Petitioner
John Myrick, et al.
Benjamin Noah GutmanOregon Department of Justice, Respondent