No. 21-5320

Trenton John Tompkins v. Lauren Leigh Hackett

Lower Court: Third Circuit
Docketed: 2021-08-06
Status: Denied
Type: IFP
IFP
Tags: access-to-courts civil-rights due-process federal-rules-of-appellate-procedure prison-conditions pro-se
Latest Conference: 2021-10-08
Question Presented (from Petition)

A pro se prisoner was unable to submit his appellant's brief and appendix (copies of which provided in this petition's appendix) because the Court of Appeals first granted summary affirmation (pursuant to 3d Cir. I.O.P. 10.6) based on a "clear error".

1. Would holding that petitioner's 14th amendment right to due process necesssitated the court to consider his "Motion to Correct Error" prevent such occurences in the future and reduce the amount of "demonstratively wrong" decisions allowed to stand?

2. Where a local rule (3d Cir. L.A.R. 27.6) authorizes judicial review of actions taken by the clerk, did failing to consider a motion filed pursuant to that rule violate petitioner's 14th amendment right to due process?

3. Did the Court of Appeals for the Third Circuit violate petitioner's right to due process by simply overlooking the submitted "Questions Presented for Review"?

Question Presented (AI Summary)

Whether a pro se prisoner's inability to submit his appellant's brief and appendix due to a prison lockdown and lack of access to legal materials constitutes good cause for an extension of time under the Federal Rules of Appellate Procedure

Docket Entries

2021-10-12
Petition DENIED.
2021-09-23
DISTRIBUTED for Conference of 10/8/2021.
2021-08-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 7, 2021)

Attorneys

Trenton John Tompkins
Trenton John Tompkins — Petitioner