No. 21-6977

Lavont Flanders, Jr. v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-01-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-1591 constitutional-challenge constitutional-claims equitable-tolling habeas-corpus habeas-petition postal-service-interference pro-se-litigant sex-trafficking sua-sponte-dismissal
Key Terms:
HabeasCorpus Securities JusticiabilityDoctri
Latest Conference: 2022-02-18
Question Presented (from Petition)

(1) The Eleventh Circuit Court of Appeals has entered a decision in conflict to the United States Supreme Court and other Circuit Courts which prohibit SUA SPONTE DISMISSAL of a court action without Notice and Opportunity to Respond.

(2) Should the United States Supreme Court have precedent instructing all courts to resolve all constitutional claims in a habeas petition, regardless whether habeas relief is granted or denied, including claims that the Petitioner groups into an overall ground for relief regardless of harmless error.

(3) If a pro-se litigant's mail is destroyed, or becomes open while being processed at the United States Postal Service making the filing untimely, is this sufficient to warrant equitable tolling because of extraordinary circumstances beyond the pro-se litigant's control and unavoidable even with diligence.

(4) When Congress passed 18 U.S.C. §1591, sex trafficking of children, was it the statute's congressional intent to punish persons who engage only in adult prostitution?

Question Presented (AI Summary)

Question not identified

Docket Entries

2022-02-22
Petition DENIED.
2022-02-03
DISTRIBUTED for Conference of 2/18/2022.
2022-02-01
Waiver of right of respondent United States to respond filed.
2021-10-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 28, 2022)

Attorneys

Lavont Flanders
Lavont Flanders Jr. — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent