No. 22-7105

Jimmy Allen Roberts v. Eddie M. Buffaloe, Jr., Secretary, North Carolina Department of Public Safety

Lower Court: Fourth Circuit
Docketed: 2023-03-24
Status: Denied
Type: IFP
IFP
Tags: access-to-courts civil-rights constitutional-rights due-process equitable-tolling habeas-corpus legal-access prison-library statute-of-limitations
Latest Conference: 2023-05-25
Question Presented (from Petition)

Mr. Roberts urges that the instant case will terminate a continuous flow of meritorious, but improvidently drafted, and untimely filed habeas petitions arriving in the Fourth Circuit Court of Appeals from the North Carolina (NC) Federal Courts. Its flow of pernicious represent NC's twenty plus year constructive contempt for the constitutional mandate issued by this Court upon NC per se by Bounds v. Smith, 430 U.S. 817, 52 L.Ed.2d 828, at 828 (1977) and reiterated in Lewis v. Casey, 518 U.S. 343, 350, 135 L.Ed.2d 2174 (1996). NC's contempt for Bounds & Lewis is: (1) Removal of all sources of legal knowledge from all NC prisons, (2) Barring the NC Supreme Court Library's sale of legal resources to NC prisoners, (3) Defunding and effectively deactivating North Carolina prisoners legal services, when never provided access to legal resources, (4) Strict enforcement of a three bag limit on prisoners' personal property, despite the active case clause.

Question Presented (AI Summary)

Whether the Fourth Circuit's bright-line rule denying equitable tolling to North Carolina prisoners who lack access to legal resources violates the constitutional mandate established in Bounds v. Smith and reiterated in Lewis v. Casey

Docket Entries

2023-05-30
Petition DENIED.
2023-05-10
DISTRIBUTED for Conference of 5/25/2023.
2023-03-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 24, 2023)

Attorneys

Jimmy Allen Roberts
Jimmy Allen Roberts — Petitioner