No. 23-5885

Donald Lee Kissner v. Heidi E. Washington, Director, Michigan Department of Corrections, et al.

Lower Court: Sixth Circuit
Docketed: 2023-10-25
Status: Dismissed
Type: IFP
Response WaivedIFP
Tags: civil-rights collateral-consequences constitutional-rights criminal-procedure due-process fact-finding-hearing judicial-discretion parole-revocation preliminary-hearing procedural-error
Key Terms:
AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2024-01-05
Question Presented (from Petition)

I. DID THE SIXTH CIRCUIT UNITED STATES COURT OF APPEALS ABUSE ITS DISCRETION WHEN IT CLAIMED MR. BISSNER'S APPEAL WAS FRIVOLOUS?

II. DID THE WESTERN DISTRICT OF MICHIGAN COURT ABUSE ITS DISCRETION WHEN IT RE-SCREENED "HE ALREADY SCREENED BY THE EASTERN DISTRICT COURT AND THEN DISMISSED AS FRIVOLOUS?

III. WAS MR. BISSNER DENIED HIS DUE PROCESS OF LAW RIGHTS TO A PRELIMINARY PAROLE REVOCATION HEARING WITHIN TEN (10) DAYS PURSUANT TO MICH. COMP. L. 791.234?

IV. WAS MR. BISSNER DENIED HIS DUE PROCESS OF LAW RIGHTS TO A PAROLE REVOCATION FACT FINDING HEARING WITHIN A FORTY-FIVE (45) DAYS OF NOTICE OF VIOLATION OF PAROLE PURSUANT TO MICH. COMP. L. 791.240.a(a)?

V. IS THE WESTERN DISTRICT OF MICHIGAN COURT CORRECT THAT THE PETITIONER PROVIDED GREATER PROTECTION THAN PAROLE REVOCATION WHEN MR. BISSNER PLED KNOWINGLY, AND INTELLIGENTLY TO NEW CHARGES WHEN WOULD HIS PAROLE REVOCATION RIGHTS?

VI. COULD MR. BISSNER INTELLIGENTLY AND UNDERSTANDINGLY GUILTY PLEAD IN THE NEW CASE WHEN HE DID NOT KNOW OF THE COLLATERAL CONSEQUENCES RIGHTS? DOES HENCE. 1, 2 PAROLE REVOCATION?

Question Presented (AI Summary)

Did the Sixth Circuit Court of Appeals abuse its discretion when it claimed Mr. Bissner's appeal was frivolous?

Docket Entries

2024-01-08
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).
2023-12-07
DISTRIBUTED for Conference of 1/5/2024.
2023-11-29
Waiver of right of respondents MDOC Defendants Heidi Washington, et al. to respond filed.
2023-10-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 24, 2023)

Attorneys

Donald Kissner
Donald Lee Kissner — Petitioner
MDOC Defendants Heidi Washington, et al.
Ann Maurine ShermanMichigan Department of Attorney General, Respondent