No. 24-5810

Andre Wilburn v. Virginia Nguyen, et al.

Lower Court: Second Circuit
Docketed: 2024-10-23
Status: Denied
Type: IFP
IFP
Tags: appellate-procedure constitutional-defect in-forma-pauperis judicial-discretion oath-of-office pro-se-prisoner
Latest Conference: 2025-01-10
Question Presented (from Petition)

Whether a district court errs when it dismisses a pro se prisoner's complaint, without leave to amend, for futility reasons when the defects could be cured with an amended complaint?

And whether a court of appeals errs when it denies, without reason, pro se prisoner's leave to proceed In forma Pauperis and ultimately dismisses factually consistent and plausible appeals, in the absence of briefing or adudication on the merits, merely because of the pro se prisoner's indigency?

Question Presented (AI Summary)

Whether a district court errs when dismissing a pro se prisoner's complaint without leave to amend for futility reasons when defects could be cured, and whether a court of appeals errs in denying in forma pauperis status and dismissing appeals without merits review due to indigency

Docket Entries

2025-01-13
Petition DENIED.
2024-12-12
DISTRIBUTED for Conference of 1/10/2025.
2024-08-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 22, 2024)

Attorneys

Andre Wilburn
Andre Wilburn — Petitioner
Federal Respondents
Elizabeth B. PrelogarSolicitor General, Respondent