No. 23-7077

Wayne M. English v. Lowell T. Cage, as Trustee

Lower Court: Fifth Circuit
Docketed: 2024-03-26
Status: Denied
Type: IFP
IFP
Tags: appellate-jurisdiction appellate-procedure civil-procedure district-court-clerk judicial-jurisdiction mail-delivery mailbox-rule postal-service pro-se-litigation timely-filing
Latest Conference: 2024-05-23
Question Presented (from Petition)

1. Is this decision by the Fifth Circuit Court of Appeals in ruling that the Petitioner's appeal was untimely is in direct conflict with this court in Rosenthal and in the Third, Ninth, and Tenth Circuit Court of Appeals under the 'mailbox rule'.

2. Is the Federal common law doctrine under the 'mailbox rule' still in force giving litigants the expectation of the timely delivery of the mail?

3. Is the production of a USPS priority mail tracking report prima facie evidence of the movement and delivery of the U. S. mail to governmental facilities?

4. Is the failure of the clerk to timely file and docket pleadings fatal to the litigants' judicial proceedings?

Question Presented (AI Summary)

Whether the Fifth Circuit's dismissal of the petitioner's appeal as untimely conflicts with the 'mailbox rule' established by this Court and other circuit courts

Docket Entries

2024-08-19
Rehearing DENIED.
2024-07-25
DISTRIBUTED.
2024-06-21
Petition for Rehearing filed.
2024-05-28
Petition DENIED.
2024-05-08
DISTRIBUTED for Conference of 5/23/2024.
2024-03-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 25, 2024)

Attorneys

Wayne M. English
Wayne M. English — Petitioner