No. 22-6767

Travis Ray Thompson v. Christian Pfeiffer, Warden

Lower Court: Ninth Circuit
Docketed: 2023-02-13
Status: Denied
Type: IFP
IFP
Tags: appeals appellate-procedure civil-procedure covid-restrictions district-court due-process excusable-neglect federal-courts frap-4 habeas-corpus notice-of-appeal standing
Latest Conference: 2023-04-14
Question Presented (from Petition)

- Whether the Ninth Circuit abused it's discretion finding Petitioner had not
shown excusable neglect for not filing his Notice of Appeal in the District
within 30 days if the District Court decision(filing it 3 days late),
FRAP 4(a)(5)(A), when the District Court was refusing to provide him a copy
of the request for certificate of appealability filed in its court, despite
Covid modified program forcing him to file his only copy , deprived of copy
ing services by the prison law library, causing him to be preoccupied with
recreating the argument, and given that he had mistakenly filed the request
for an extension of time in a separate case brought by him, prematurely, jaj
result of a mix —up. With the District Court accepting the late filing,Court
Art. VI, § 1 to rect- - Whether the state court was duty bound by Cal. Const.
ify constitutional error by exercising it's Article III jurisdiction invok
ing upon the state legislatures power under Cal. Const. Art. IV, § 1 to in-
in habeas proceedings in order to expand Fourteenth Amendment pro
tected classes to include "different persons" being treated equal, as thetervene
circumstances warrant;

- Whether 28 USC § 2254(d)(1) is unconstitutional if it would deprive District
Courts ability to effect a remedy by demanding it exercise it s Article III
jurisdiction to invoke the California legislatures interference to expand
the protected class to include "different persons being treated equal, when
the circumstances warrant, with Tigner v. Texas extending an invitation.

Question Presented (AI Summary)

Whether the Ninth Circuit abused its discretion in finding that the petitioner had not shown excusable neglect for not filing his Notice of Appeal within 30 days

Docket Entries

2023-04-17
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam).
2023-03-30
DISTRIBUTED for Conference of 4/14/2023.
2023-01-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 15, 2023)

Attorneys

Travis Ray Thompson
Travis Ray Thompson — Petitioner