No. 23-5871

Darryl Smith v. United States District Court for the Northern District of Ohio

Lower Court: Sixth Circuit
Docketed: 2023-10-24
Status: Denied
Type: IFP
IFP
Tags: appeals criminal-conviction due-process habeas-corpus judicial-sanction pro-se pro-se-prisoner vexatious-litigator
Latest Conference: 2024-01-05
Question Presented (from Petition)

1) IN A 18 USC 1258 HABEAS CORPUS (APPEALING A CRIMINAL CONVICTION) CAN JUDGes AND MAGISTRATES OF A U.S. DIST. COURT COLLECTIVELY CRAFT ORDERS TO IMPOSE A VEXATIOUS LITIGATOR TAG ON A PRO SE PRISONER AND BAN HIS FILINGS TO APPEAL HIS CRIMINAL CONVICTIONS AND IMPRISONMENT.

2) IN A 18 USC 1258 HABEAS CORPUS CASE, CAN JUDGES AND MAGISTRATES USE THE VEXATIOUS LITIGATOR TAG TO BAN AND SHUT DOWN A PRO SE PRISONER'S PLEADINGS WHO IS APPEALING HIS CRIMINAL CONVICTIONS AND IMPRISONMENT.

3) IN A 18 USC 1258 HABEAS CORPUS CASE, CAN JUDGES USE, RELY ON AND "BORROW" A VEXATIOUS LITIGATOR BAN ORDERS BY ANOTHER JUDGE (NOT ASSIGNING TO THE HABEAS CORPUS CASE) TO SHUT DOWN AND BAN A PROSE PRISONERS PLEADINGS WHO IS APPEALING HIS CRIMINAL CONVICTIONS AND IMPRISONMENT.

4) IN A 18 USC 1258 HABEAS CORPUS CASE, CAN JUDGES ARBITRARILY IMPOSE A "BORROWED" VEXATIOUS LITIGATOR BAN ON A PRO SE PRISONER (WHO IS APPEALING HIS CRIMINAL CONVICTION) WITHOUT ANY DUE PROCESS PROCEDURAL HEARING TO ALLOW THE PRISONER TO CONTEST THE SANCTION AND BE HEARD.

5) IN A 18 USC 1258 HABEAS CORPUS CASE CAN JUDGES IMPOSE A "BORROWED" VEXATIOUS LITIGATOR BAN ON A PROSE PRISONER CONTESTING HIS CONVICTIONS AND SILENCE HIS ACTUAL INNOCENCE CLAIMS THAT IS SUPPORTED BY INNOCENCE EVIDENCE.

Question Presented (AI Summary)

Whether judges and magistrates can collectively craft orders to impose a vexatious litigator tag on a pro se prisoner and ban his filings to appeal his criminal convictions and imprisonment

Docket Entries

2024-01-08
Petition DENIED.
2023-12-07
DISTRIBUTED for Conference of 1/5/2024.
2023-08-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 24, 2023)
2023-07-05
Application (23A5) granted by Justice Kavanaugh extending the time to file until August 21, 2023.
2023-06-22
Application (23A5) to extend the time to file a petition for a writ of certiorari from June 22, 2023 to August 21, 2023, submitted to Justice Kavanaugh.

Attorneys

Darryl Smith
Darryl Smith — Petitioner