No. 21-5947

Jorge Petter v. United States

Lower Court: Fourth Circuit
Docketed: 2021-10-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: court-of-appeals covid-19 due-process fifth-amendment filing-deadlines incarcerated-filers pandemic-response standing-order
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2021-11-12
Question Presented (from Petition)

No person shall be held to answer for a capital, or otherwise crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be witness against himself, nor be deprived of life, liberty, or property ,"without due process of law;" ...United States Constitution Amendment 5 Criminal actions — Provisions concerning — Due process of law and just compensation clauses. To ensure that Incarcerated pro se filers are not convicted for procedures put in place to respond to GOVID-19 by the Federal Bureau of prevented or delayed the ability of incarcerated Prisons, Louisiana , filers to meet filing deadlines — A Ground Zero for 00VID-19 . See Fifth Circuit Court of Appeals General Order 2020-7.

The question presented, on which the circuits are deeply divided, is whether were the Court of Appeals below failed to issue a standing order specifically extending deadlines to file all pending Panel Rehearing and Rehearing En-banc cases due to GOVID-19 pandemic thus , violates Petitioner Petter's "due process right guaranteed under the Fifth Amendment," as did in United States Supreme Court Standing Orders 589 issued on March 19 and April 15, 2020. See In re Orders, 2020 U.S. LEXIS 1643 & 2196 (U.S. Mar. 19, Apr. 15, 2020), rescinded on July 19, 2021 (2021 U.S. LEXIS 3591, U.S. July. 19, 2021).

Question Presented (AI Summary)

Whether the Court of Appeals violated the petitioner's due process rights under the Fifth Amendment by failing to issue a standing order extending filing deadlines for incarcerated pro se filers during the COVID-19 pandemic

Docket Entries

2021-11-15
Petition DENIED.
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-10-22
Waiver of right of respondent United States to respond filed.
2021-10-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 12, 2021)

Attorneys

Jorge Petter
Jorge Petter — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent