No. 23-5144

In Re Donald Lynn Martin

Lower Court: N/A
Docketed: 2023-07-19
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: cell-phone-data fourth-amendment fourth-amendment-jurisprudence privacy reasonable-expectation-of-privacy search-and-seizure
Latest Conference: 2023-09-26 (distributed 2 times)
Question Presented (from Petition)

1. Are inferior courts required to follow Circuit precedent?
Proposed Aanswer: YES

2. Are all executive and judicial Officers required to support the
Constitution for the United States as pursuant to Oath?
Proposed Answer: YES

3. Are the first 10 (ten) Amendments to the Constitution guaranteed
rights, protected by the Constitution?
Proposed Answer: YES

4. Does Amendment I (one) prevent Congress from making any law to hinder the
right of the people.to 'petition the Government for a redress of
grievances' ?
Proposed Answer: YES

Does the guarantee of "Due Process" in Amendment V include unhindered
access to the courts?
Proposed Answer: YES

Do the enumerated powers include, any provision which abrogates the "Bill
of Rights"?
Proposed Answer: NO

7. Does 28 USC §951, require all clerks and deputies to perform all duties
of office?
Proposed Answer: YES

8. Does 28 USC §453 require all justices and judges to do equal justice to
all persons regardless of status or stature?
Proposed Answer: YES

9. If court officers, justices, judges, clerks and deputies fail to perform
their duties, do they become personally liable for damages caused?
.Proposed Answer: YES

10. Do officers of the court have a right to change or ignore any provision
of the Constitution?
Proposed Answer: NO

11. Do officers of the court have an obligation to follow all prescribed
guidelines, such as Federal Rule of Civil Procedure; Federal Rule of
Criminal Procedure; Federal Rule of Evidence; Code of Federal
Regulations, etc.?
Proposed Answer: YES

Question Presented (AI Summary)

Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's protection against unreasonable searches and seizures

Docket Entries

2023-10-02
Petition DENIED.
2023-08-03
DISTRIBUTED for Conference of 9/26/2023.
2023-07-28
Waiver of right of respondent United States to respond filed.
2023-03-20
Motion (22M78) for leave to proceed as a veteran Denied.
2023-02-22
MOTOIN (22M78) DISTRIBUTED for Conference of 3/17/2023.
2023-01-31
Motion (22M78) for leave to proceed as a veteran filed.
2023-01-31
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due August 18, 2023)

Attorneys

Donald Martin
Donald Lynn Martin — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent