No. 21-5190

Nicholas Stewart Hines v. Tim Reisch, Interim Secretary, South Dakota Department of Corrections, et al.

Lower Court: Eighth Circuit
Docketed: 2021-07-23
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appellate-jurisdiction appellate-review civil-procedure collateral-order district-court-screening final-order judicial-review motion-for-reconsideration rule-59(e) rule-59e rule-60(b) standing
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-02-18 (distributed 2 times)
Question Presented (from Petition)

1.) WHETHER JURISTS OF REASON WOULD FIND THAT THE APPELLATE COURT ERRED, WIEN IT DISMISSED THE PETITIONER'S APPEAL FOR A LACK OF JURISDICTION.

2.) WHETHER JURISTS OF REASON WOULD FIND THAT THE APPELLATE COURT ERRED, WIEN CONTRARY TO THE APPELLATE COURT'S OWN PRESIDENT, THE APPELLATE COURT DID NOT REVIEW THE DISTRICT COURT'S ERRONEOUS APPLICATION OF RULE 60(b) TO THE PETITIONER'S RULE 59(e) MOTION FOR RECONSIDERATION.

3.) WHETHER JURISTS OF REASON WOULD FIND THAT THE APPELLATE COURT ERRED, WIEN IT FOUND THE PETITIONER'S PETITION FOR A REHEARING WAS UNTIMELY.

4.) WHEN THE DISTRICT COURT DENIED THE PETITIONER'S RULE 59(e) MOTION, WAS THE DISTRICT COURT'S SCREENING ORDER FINAL, AND COULD THE APPELLATE COURT HAVE REVIEWED THE DENIAL

5.) COULD THE PETITIONER FILE A RULE 59(e) MOTION WITH THE DISTRICT COURT TO ADDRESS THE CLAIMS AND DEFENDANTS THE DISTRICT COURT DISMISSED IN IT'S 1915A SCREENING ORDER

6.) WAS THE DISTRICT COURT'S DENIAL OF THE PETITIONER'S RULE 59(e) MOTION APPEALABLE UNDER 28 USC § 1291 AS A 'COLLATERAL' ORDER

Question Presented (AI Summary)

whether-appellate-court-erred-in-dismissing-appeal-for-lack-of-jurisdiction

Docket Entries

2022-02-22
Rehearing DENIED.
2022-02-02
DISTRIBUTED for Conference of 2/18/2022.
2021-10-12
Petition for Rehearing filed.
2021-10-04
Petition DENIED.
2021-09-02
DISTRIBUTED for Conference of 9/27/2021.
2021-08-05
Waiver of right of respondent Jody Johnson, Yankton County Clerk of Courts to respond filed.
2021-06-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 23, 2021)

Attorneys

Jody Johnson, Yankton County Clerk of Courts
Robert B. AndersonMay, Adam, Gerdes & Thompson, Respondent
Nicholas Stewart Hines
Nick Harris — Petitioner