Abuse-of-discretion

540 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6786 Cornell Clisby v. United States Sixth Circuit 2026-02-11 Pending IFP abuse-of-discretion circuit-court extraordinary-reasons federal-sentencing rehabilitation-factors sentence-reduction Whether the Sixth Circuit and the district court abused its discretion by failing to hold that extraordinary and compelling reasons existed to qualify…
25-6726 William Lewis Reece v. Oklahoma Oklahoma 2026-02-05 Pending IFP abuse-of-discretion appellate-review coerced-confession constitutional-claims de-novo-review harmless-error 1. Whether Oklahoma's application of the abuse of discretion standard violates Payne v. Arkansas, Chapman v. California, and Arizona v. Fulminante req…
25-6505 Kenneth Christopher Pointer, aka Keith Johnson v. United States Sixth Circuit 2026-01-07 Pending Response WaivedIFP abuse-of-discretion constitutional-rights district-court evidentiary-hearing ineffective-assistance sixth-amendment QUESTON NUMBER ONE: Whether the district court abused its discretion by failing to conduct a prompt Evidentiary Hearing and the Sixth Circuit's affir…
25-6284 Leonard W. Houston v. United States District Court for the Eastern District of North Carolina Fourth Circuit 2025-12-04 Denied Response WaivedIFP abuse-of-discretion civil-litigation individual-actions jurisdiction pleadings statutory-provisions WAS IT ABUSE OF DISCRETION ON ALL CLJA ACTIONS ON INDIVIDUAL DOCKETS, AS COUNSEL FOR THE DEFENDANT NEED NOT FILE RESPONSIVE PLEADINGS IN STAYED INDIVI…
25-616 Juston D. Beyer v. United States Armed Forces 2025-11-26 Denied Response Waived abuse-of-discretion appellate-procedure court-of-appeals discretionary-review judicial-review military-justice Petitioner made an unrebutted showing of good cause to the Court of Appeals for the Armed Forces to review his case. Nevertheless, the court denied re…
25-6211 In Re Jordan Monroe 2025-11-24 Denied Response WaivedIFP abuse-of-discretion certificate-of-appealability constitutional-rights habeas-corpus subject-matter-jurisdiction ultra-vires QUESTION (1) Where a Court Of Appeals fails or refuses to comply with BLACK LETTER LAW--28 U.S.C. §2253—which is a statute that was duly enacted by …
25-5987 Francisco Javier Ochoa-Anaya v. United States Ninth Circuit 2025-10-29 Denied Response WaivedIFP abuse-of-discretion actual-innocence ineffective-assistance procedural-default sixth-amendment supreme-court-precedent QUESTON NUMBER ONE; Whether the district court and the Ninth Circuit abused its discretion by holding that Ground One, actual-innocence claim as to hi…
25-5871 Isaiah Stacy Alstad v. United States Eighth Circuit 2025-10-14 Denied Response WaivedIFP abuse-of-discretion appellate-review conflict-of-interest constitutional-rights ineffective-assistance summary-dismissal QUESTON NUMBER ONE: Whether the district court abused its discretion by Summarily Dismissing Ground One, Conflict of Interest claim and did the Eight…
25-5806 Ricky Dixon v. United States Eleventh Circuit 2025-10-06 Denied Response WaivedIFP abuse-of-discretion actual-innocence evidentiary-hearing guilty-plea ineffective-assistance sixth-amendment Whether the district court abused its discretion and the Eleventh Circuit affirmance of the lower court's failure to conduct an Evidentiary Hearing as…
25A273 Thomas Bryon Cattell v. Victoria Deeks, et al. Ninth Circuit 2025-09-09 Presumed Complete abuse-of-discretion autism continuance due-process mental-disability pro-se Whether and in what context a showing of actual prejudice is required in determining when a court abuses its discretion in failing to grant a continua…
25-5335 In Re Xena Ames 2025-08-13 Denied IFP abuse-of-discretion eeoc-complaint employment-discrimination ineffective-counsel mandamus writ-of-certiorari 1. ) Whether the issuance of a writ of mandamus is the proper procedure to correct a clear abuse of discretion by the trial court, due to erroneous is…
25A176 James Dondero, et al. v. Stacey G. Jernigan, et al. Fifth Circuit 2025-08-12 Presumed Complete abuse-of-discretion de-novo-review judicial-bias judicial-recusal mandamus-petition standard-of-review Question not identified.
25-5311 Winston Sylvester Oliver, II v. United States Fourth Circuit 2025-08-08 Denied Response WaivedIFP abuse-of-discretion constitutional-rights de-novo-review fifth-amendment sixth-amendment witness-testimony 1. Whether a District Court's decision allowing a witness called by a criminal defendant to refuse to testify based on his claimed Fifth Amendment pri…
25-5216 Ricardo L. Noble v. Pennsylvania Pennsylvania 2025-07-29 Denied IFP abuse-of-discretion counsel discretion drug-addiction ineffective-assistance legal-representation Did Court abuse discretion by Not agreeing With Fact that, at Juvenile Lifer appellant's Resentencing iN 2ol8, pesenten cing gudge Yecanted the only F…
25-5029 Damon D. Williams v. United States Eighth Circuit 2025-07-03 Denied Response WaivedIFP abuse-of-discretion attempted-robbery criminal-procedure fifth-amendment sentencing-guidelines sixth-amendment I. When imposing maximum , consecutive sentenc es for two convictions for attempted interference with commerce by robbery (18 U.S.C. § 1951) —aris…
24-7273 Amir Hossein Golshan v. United States Ninth Circuit 2025-05-22 Denied Response WaivedIFP abuse-of-discretion due-process guideline-variance probation-recommendation rule-32 sentencing-continuance Was the arbitrary denial of a sentencing continuance, which prevented U.S. Probation from considering Petitioner's mitigating evidence, and where U.S.…
24-6906 Reginald Mack v. United States Fourth Circuit 2025-04-01 Denied Response WaivedIFP abuse-of-discretion expert-witness jury-intelligence medical-malpractice spoliation summary-judgment Spoliation by the non-moving party: Spoliation refers to the destruction or significant alteration of evidence, or the failure to preserve property fo…
24-6743 Andre Ricardo Roach v. United States Fourth Circuit 2025-03-11 Denied Response WaivedIFP abuse-of-discretion court-of-appeals federal-custody judicial-review sentencing-procedure state-custody Weather the Court of Appeals abused its discretion by failing to consider this Court's opinion in Hughes v. United States v. United States. II. Weath…
24-878 Rachel Breaux v. Louisiana Stadium and Exposition District, et al. Louisiana 2025-02-18 Denied Response Waived abuse-of-discretion appellate-review bankruptcy-court equitable-factors fair-notice judicial-estoppel 1. Where Petitioner's duty to report her claim to the bankruptcy court was unclear and unsettled, would application of judicial estoppel to her claims…
24-6374 James Clifford Goodwin, III v. United States Ninth Circuit 2025-01-23 Denied Response WaivedIFP abuse-of-discretion congressional-intent constitutional-challenge ex-post-facto ineffective-assistance restitution Whether it is an abuse of discretion and/or an usurpation of power to impose a judgment that does not adhere to the congressional mandates and/or requ…
24-580 Richard Cotromano, et al. v. RTX Corporation Eleventh Circuit 2024-11-26 Denied Response Waived abuse-of-discretion daubert-standard dose-reconstruction environmental-exposure expert-testimony gatekeeping-function Whether the abuse of discretion standard requires the Circuit Courts to assess whether a trial court performed its gatekeeping function adequately rat…
24-5994 David Rodriguez v. Texas Texas 2024-11-19 Denied Relisted (2)IFP abuse-of-discretion due-process fourteenth-amendment right-to-counsel right-to-present-defense sixth-amendment Did The Court Of Criminal Appeals Of Texas err in holding that The Trial Court did not abuse its discretion and violate Rodriguez Fourteenth Amendment…
24-485 Kirk Prest v. BP Exploration & Production, Incorporated, et al. Fifth Circuit 2024-10-31 Denied Response Waived abuse-of-discretion epidemiological-evidence expert-testimony rule-702 scientific-reliability toxic-tort The admission of expert testimony in federal courts is governed by Federal Rule of Evidence 702 and this Court's decision in Daubert v. Merrell Dow Ph…
24-5610 Harold U. McGhee v. United States Seventh Circuit 2024-09-25 Denied Response WaivedIFP abuse-of-discretion criminal-procedure franks-motion gps-tracker sixth-amendment warrant-affidavit 1. Whether the District Court committed Procedural and substantive error when it denied the Defendant's Franks Motion? 2. Whether the District Court …
24-5588 Deven L. Smith v. United States Sixth Circuit 2024-09-20 Denied Response WaivedIFP abuse-of-discretion career-offender criminal-history downward-departure sentencing-factors sentencing-guidelines QUESTION NO. I: Whether the Sixth Circuit 's decision affirming the judgment of the district court was error, where one of Defendant-Appellant 's pre…
24-5305 In Re Babubhai Patel 2024-08-13 Denied IFP abuse-of-discretion district-court-jurisdiction habeas-corpus second-in-time-motion statutory-interpretation supreme-court-precedent Whether the Sixth Circuit abused its discretion by holding that Mr. Patel's properly filed Second-in-Time 2255 Motion in which relied upon U.S. Suprem…
24-5224 Michael Paul Gianfrancesco v. United States Eleventh Circuit 2024-08-05 Denied Response WaivedIFP abuse-of-discretion appellate-review court-proceedings criminal-law criminal-procedure due-process federal-sentencing jurisdiction sentencing-guidelines substantive-reasonableness Question not identified.
24-107 Ivan To Man Pang v. Anthony Ye, Citi Realty Services, Financial Manager, et al. Second Circuit 2024-07-31 Denied abuse-of-discretion civil-procedure credibility credibility-challenge evidence-standard genuine-issues-of-material-fact material-fact nonmoving-party summary-judgment 1. Whether the lower court erred in granting summary judgment by failing to view the evidence in the light most favorable to the nonmoving party and r…
24-5166 Nicholas Joseph v. United States Second Circuit 2024-07-29 Denied IFP abuse-of-discretion circuit-split criminal-procedure federal-rules-of-criminal-procedure impartial-jury newly-discovered-evidence sixth-amendment unconscious-bias voir-dire 1) Whether this Court should grant Certiorari to address whether a trial judge, when requested by defense counsel, must voir dire on implicit or uncon…
24-5138 Gina Russomanno v. Sumitomo Pharma America, Inc., et al. Third Circuit 2024-07-25 Dismissed Relisted (2)IFP abuse-of-discretion civil-procedure curative-amendment due-process due-process-relief judicial-remedy miscarriage-of-justice pro-se-plaintiff rule-12b6-dismissal standing void-judgment 1. Whether the related-case. OPINION -decision. DCNJ 13;19-cv- 059451. [DKT. 611. which is boldly "absent adequate remedy of law." per judicial law re…
24-5045 Charles N. Belssner v. Casablanca Homeowners Association, et al. Nevada 2024-07-10 Denied Response WaivedIFP abuse-of-discretion civil-procedure due-process judicial-discretion judicial-misconduct judicial-review legal-procedure nrs-enforcement standing statutory-interpretation 1) 6/21/ 2$: SHOULD ACT(S). OP WILFULL NEGLLIGEENfCE SHOULD BE ) STRICKEN! WHEN THE PRESIDING JUDGE STATED ON RECORD: "HARMFUL ENFINOMENT TO BELIVING …
24-5011 Brandon Collins v. Illinois Illinois 2024-07-03 Denied Response WaivedIFP abuse-of-discretion court-discretion due-process evidence eyewitness judicial-review legal-interpretation motion-analysis reasonable-doubt speedy-trial testimony-credibility . / / /<f omt lU&z d&viddih'ngt?r t& a Z^Th? diroutt Coukb abused fate dk'Cygbtdft Lotion d dbn&na&nco-. (kMloO&r 1*? Motion don ^ noanoqabkyonn n C6 …
23-7819 LaShonda O'Neill v. United States Fifth Circuit 2024-06-28 Denied Response WaivedIFP abuse-of-discretion alleyne-v-united-states drug-quantities fifth-amendment harmless-error judicial-fact-finding plain-error sentencing-enhancement sixth-amendment 1). Whether the Fifth Circuit Court of Appeals erred when it failed to employ the Plain error analysis to review, de novo, the District Court's abuse …
23-7812 Akohomen Ighedoise v. United States Eleventh Circuit 2024-06-27 Denied Response WaivedIFP 18-usc-3553(a) abuse-of-discretion due-process judicial-discretion mitigating-factors plea-agreement post-sentencing-rehabilitation prosecutorial-conduct sentencing-guidelines sentencing-guidelines-departure substantive-rights 1) Whether a Judge abuses his/her discretion when there is a determination that post-sentencing rehabilitative efforts are evidence of an attempt to d…
23-7760 Samreen Riaz v. Kaweah Health Medical Center, et al. California 2024-06-20 Denied Response WaivedIFP abuse-of-discretion appellate-review bias conflicting-issues court-procedure due-process judicial-discretion legal-error petition-for-writ-of-certiorari petition-review procedural-due-process standing Did the Supreme court of California (S284004) in error, abuse discretion and show bias in denying Petition and application for stay on May 1st 2024 an…
23-7759 Israel Santiago-Lugo v. United States First Circuit 2024-06-20 Denied Response WaivedIFP abuse-of-discretion appellate-procedure court-of-appeals due-process judicial-discretion judicial-review legal-reasoning procedural-error reasoned-decision-making supreme-court-precedent (1) May the District Court and Court of Appeals ignore the Supreme Court's decision in Concepcion v. U.S S.Ct 2389, 213 L.Ed.2d 731 (2022) ? (2) May …
23-7725 Jimmie Lee Walton v. United States Fifth Circuit 2024-06-14 Denied Response WaivedIFP abuse-of-discretion allen-charge coercion court-of-appeals criminal-procedure Did the Court of Appeals abuse it's discretion in Did the Court of Appeals abuse its discretion in a directed-verdict double-jeopardy due-process fifth-circuit habeas-corpus harmless-error ineffective-assistance ineffective-assistance-of-counsel judgment-of-acquittal judicial-discretion jury-instructions mistrial motion-for-acquittal right-to-counsel sixth-amendment standard-of-review sufficiency-of-evidence Did Walton receive effective assistance of counsel? Did the Court of Appeals abuse its discretion in affirming the District Courts denial of the moti…
23-7640 Devin Fischer v. North Dakota North Dakota 2024-06-05 Denied IFP abuse-of-discretion constitutional-rights criminal-procedure double-jeopardy due-process due-process-clause fair-trial guilty-plea judicial-discretion legal-standards Is a defendant denied due process when the court ignores legal standards and relies solely on their discretion? Does the defendant suffer double jeop…
23-1245 David Timothy Johnson, Sr. v. Urvashi Foster, et al. Eleventh Circuit 2024-05-28 Denied Response Waived abuse-of-discretion appellate-review civil-rights due-process judicial-discretion judicial-power jurisdiction pro-se-litigation procedural-defect shotgun-pleading Whether, United States Court of Appeals for the Eleventh Circuit, questioned Orders amounts to unlawful denial of due process; an oppressive exercise …
23-7555 Rickey Lynch v. United States Second Circuit 2024-05-23 Denied Response WaivedIFP abuse-of-discretion appearance-of-impropriety civil-procedure due-process federal-defender judicial-ethics judicial-recusal procedural-review right-to-counsel standard-of-review Should a court of appeals review a judge's denial of a motion to recuse de novo or for an abuse of discretion? Did Judge Brown himself created the ap…
23A1033 In Re Rosalind Holmes 2024-05-20 Presumed Complete abuse-of-discretion conflicts-of-interest extraordinary-circumstances judicial-misconduct mandamus pro-se Question not identified.
23-7507 Kenneth Allen Washington v. Deputy Rayl, et al. Seventh Circuit 2024-05-17 Denied IFP abuse-of-discretion appellate-procedure civil-procedure civil-rights constitutional-provisions court-of-appeals due-process judicial-discretion motion-to-extend ninth-circuit standing time-extension Question not identified.
23-7476 Julius Jerome Walker v. Oklahoma Oklahoma 2024-05-15 Denied Relisted (2)IFP abuse-of-discretion civil-rights criminal-procedure double-jeopardy due-process fundamental-rights ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct registration-requirements 1. Whether the District court in Muskogee county denied me my fundamental rights because of PROSECUTORIAL MISCONDUCT of Larry Moore former prosecutor …
23-7464 Michael Grady v. United States Eighth Circuit 2024-05-13 Denied Response WaivedIFP abuse-of-discretion circuit-split conflict-of-interest constitutional-right constitutional-rights counsel-of-choice disqualification-of-counsel eighth-circuit Whether the Eighth Circuit's decision to uphold the disqualification of Petitioner's counsel of choice despite Petitioner's willingness to knowingly a…
23-7431 Avery Lans v. United States Eleventh Circuit 2024-05-09 Denied Response WaivedIFP 18-usc-3553 abuse-of-discretion circuit-court-review criminal-sentencing federal-sentencing gall-v-united-states procedural-reasonableness sentencing-guidelines substantive-reasonableness QUESTON NUMBER ONE: Did the Eleventh Circuit abused its discretion by the affirmance of Petitioner's 240-month federal sentence when the district cou…
23-7430 Timothy Edward Peterson v. James Salmonsen, et al. Ninth Circuit 2024-05-09 Denied Response WaivedIFP abuse-of-discretion civil-rights due-process fairness judicial-fairness plain-error procedural-integrity summary-judgment willful-blindness Plain Error; Summary Judgment; Willful Blindness; Abuse of Discretion; Fairness; Integrity and Public Reputation of Judicial Proceedings.
23-7377 Christopher J. Barnett v. Oklahoma Oklahoma 2024-05-03 Denied IFP abuse-of-discretion civil-procedure constitutional-rights due-process judicial-bias judicial-discretion legal-procedure local-court procedural-fairness recusal standing /lWi r BiQScJ CheHe^eJ Sud§e defuse -h Hecvsc PfidVopj C CL Q^eSbi^y Pj$ Aa/c5 (^UPeoV AntrWJS pt V f i o hjefS fe C uSfiL pf!u6fyu3 Oibbfti/iQ /}/vd…
23-7353 Noel Vincent Thomas v. North Carolina Mutual Life Insurance Company, et al. Eleventh Circuit 2024-05-02 Denied Response WaivedIFP abuse-of-discretion civil-procedure failure-to-state-a-claim failure-to-state-claim federal-rules in-forma-pauperis motion-to-dismiss res-judicata sovereign-immunity 1) WHETHER THE TRIAL COURT ERRED AS A MATTER OF LAW BY DISMISSING THE COMPLAINT BASED UPON THE CLAIMS THAT THE PETITIONER FAILED TO STATE A CLAIM, FA…
23-7309 Jessie Vasquez v. United States Ninth Circuit 2024-04-26 Denied Response WaivedIFP 18-usc-3582 3553a-factors abuse-of-discretion concepcion-v-united-states crack-cocaine criminal-sentencing discretionary-review first-step-act sentence-reduction sentencing-factors 1. The question presented here is whether the District Court abused its discretion or erred when Mr. Vasquez qualified for a sentence reduction, he as…
23-7277 Benny Stewart v. Tom Green, Warden, et al. Ninth Circuit 2024-04-19 Denied Response WaivedIFP abuse-of-discretion civil-rights fairness judicial-fairness judicial-integrity plain-error summary-judgment willful-blindness Plain Error; Summary Judgment; Willful Blindness; Abuse of Discretion; Fairness; Integrity and Public Reputation of Judicial Proceedings; Ends of Just…
23-1104 In Re Robert M. Miller 2024-04-11 Denied Response Waived abuse-of-discretion bias-prejudice civil-procedure court-discretion federal-defendant judicial-bias judicial-misconduct pro-se-litigant pro-se-litigation writ-of-mandamus The same district judge presides over three of Petitioner's pending cases. Throughout the proceedings, the judge condoned dozens of defendants' rule v…
23-1065 Robert A. Eaton v. Montana Silversmiths Ninth Circuit 2024-03-29 Denied Response Waived abuse-of-discretion civil-procedure civil-rights constitutional-rights due-process judicial-discretion ninth-circuit pro-se-litigation standing waiver waiver-of-rights 1. In determining Whether the Ninth Circuit had power to Waive Eaton 's Constitutional rights in their Memorandum regarding connection of personnel …
23-7071 Joseph Kelvin Aberant v. United States Fourth Circuit 2024-03-26 Denied Response WaivedIFP abuse-of-discretion advanced-age age-consideration criminal-sentencing fourth-circuit-review incarceration medical-conditions sentencing sentencing-variance variance I. Whether the Fourth Circuit erred by affirming the District Court's abuse of discretion by its failure to give Mr. Aberant a variance sentence and a…
23A847 Richard Alan Costanzo v. United States Fourth Circuit 2024-03-19 Presumed Complete abuse-of-discretion confrontation-rights criminal-procedure federal-rule hearsay-evidence probation-revocation Question not identified.
23-6989 Lenroy McLean v. United States Second Circuit 2024-03-15 Denied Response WaivedIFP abuse-of-discretion co-defendants compassionate-release criminal-sentencing due-process equal-protection federal-procedure judicial-discretion post-conviction-relief sentencing-factors Whether the lower court properly applied the evaluation of the sect. 3553 factors among differently situated co-defendant to denied Petitioner's compa…
23-7006 Kelly Porter v. Axelon, Inc., et al. Kentucky 2024-03-15 Denied Response WaivedIFP abuse-of-discretion appellate-procedure civil-procedure civil-rights constitutional-challenge due-process fraud legal-notice standing workers-compensation 1. De Novo: Whether the Supreme Court 's decision, affirmed the Appellant Court is an abuse of discretion and against the rule of law finding Porter …
23-6970 Kathy R. Allen, et al. v. L3Harris Technologies, Inc. Fourth Circuit 2024-03-13 Denied Relisted (2)IFP abuse-of-discretion abuse-of-power civil-procedure court-appointed-attorney court-appointed-counsel due-process erisa-claim federal-procedure mediation mediation-rights rule-52-findings statute-of-limitations 1. Question 1 - Whether the USDC D.E. #51-52, #55 and USDC-COA4th 's Doc. #23 Orders Have Reversible Err and/or Was an Abuse of Power and an Abuse of…
23-6913 Carl Thompson v. Marjorie K. Allard, Chief Judge, Court of Appeals of Alaska, et al. Ninth Circuit 2024-03-06 Denied Response WaivedIFP abuse-of-discretion circuit-court civil-procedure complaint-amendment federal-courts futile-amendment futility-standard judicial-discretion procedural-review rooker-feldman standing Was there a violation of the Rooker-Feldman doctrine? Did the Panel of the Ninth Circuit abuse its discretion by finding amendment to the complaint w…
23A819 Sidikatu Raji v. Omaha Property Manager, LLC Fourth Circuit 2024-03-05 Presumed Complete abuse-of-discretion appellate-review civil-procedure federal-jurisdiction interlocutory-appeal preliminary-injunction Question not identified.
23-6860 Keyron Lamonte Binns v. American General Life and Accident Insurance Company, AIG, et al. Ninth Circuit 2024-02-29 Denied Response WaivedIFP abuse-of-discretion amendment contract-interpretation contract-law diversity-jurisdiction extrinsic-evidence judicial-discretion jurisdictional-standing stare-decisis 1.) DID U.S. EASTERN DISTRICT COURT ERRED BY UTILIZING EXTRINSIC EVIDENCE TO DENY THE PLAINTIFF'S COMPLAINT WITH PREJUDICE. ALTHOUGH THAT COURT FAILED…
23-6818 Romeo Kevante Pride v. United States Fourth Circuit 2024-02-23 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-sentencing due-process eighth-amendment sentencing-guidelines WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED BY DENYING MR. PRIDE'S ARGUMENT THAT THE DISTRICT COURT COMMITTED REVERSIBLE ERROR BY IMPOSING A 110…
23-6810 Larry D. Mosley v. Phillip A. White, Warden Fourth Circuit 2024-02-23 Denied IFP Abuse-of-Discretion Equal-Protection Fourteenth-Amendment habeas-corpus ineffective-assistance Police-Misconduct Prosecutorial-Misconduct Sixth-Amendment trial-court-discretion 1. Did the federalcourt's ruling on Mosley's Ineffective equal protectionAssistance of Counsel claim deny Mosley where the court had before itan evid…
23-6726 Brenda Dawson Battle v. Attorney Creel, et al. Fourth Circuit 2024-02-12 Denied Response WaivedIFP abuse-of-discretion affidavit-irregularities civil-procedure civil-rights due-process eviction-dispute housing-discrimination judicial-misconduct legal-procedure rent-issues standing (1.) WHY DID JUDGE CAMERON CURRIE ORDER MY REQUEST FOR EXTENSION TO PREPARE PETITION WRIT OF CERTIORARI DENIED AND WARNING ME:CASE CLOSED 08/24/2022…
23-848 Wen Lian Patience v. Shannon Jackson, et al. Fifth Circuit 2024-02-07 Denied abuse-of-discretion appellate-review civil-rights constitutional-rights due-process eleventh-amendment-immunity judicial-misconduct pleading-requirements prosecutorial-misconduct section-1983-claim 1. Did the Fifth Circuit and district court exhibited negligence, violated their discretion, and permit judicial misconduct? 2. Whether the trial cou…
23-6634 Andres Colon-Miranda v. United States First Circuit 2024-01-31 Denied Response WaivedIFP abuse-of-discretion appellate-review due-process litigation-strategy package-doctrine sentencing-guidelines summary-dismissal ussg-3d1.2 A. What is the appropriate standard of review when an appellate court improperly grants a motion for summary dismissal that has the practical effect o…
23-6566 In Re Brandon Trammel 2024-01-25 Denied IFP 28-usc-2244 9th-circuit abuse-of-discretion constitutional-rights criteria federal-habeas federal-writ habeas-corpus newly-discovered-evidence prima-facie-showing successive-petition 1.) Did Petitioner, Brandon Robert Trammel meet the criteria to request to file a second or successive federal writ of habeas corpus? 2.) Did the 9th…
23-6466 Edgar Lerma Flores, aka Carlos Alberto Penuelas Rodriguez, aka Carlos Alberto Pencelas Rodriguez v. United States Sixth Circuit 2024-01-11 Denied Response WaivedIFP 18-usc-3582 abuse-of-discretion extraordinary-compelling-reason extraordinary-reason guideline-ranges methamphetamine-disparity methamphetamine-purity sentencing-guidelines sentencing-reduction sixth-circuit Can the disparity in Guideline ranges for offenses involving substance containing methamphetamine and those involving a pure methamphetamine be consid…
23-6422 Raymond J. Kraynak v. United States Third Circuit 2024-01-05 Denied Response WaivedIFP abuse-of-discretion criminal-procedure due-process fair-and-just-reason guilty-plea judicial-review plea-bargaining plea-withdrawal sentencing trial-court-discretion withdrawal-of-plea I. Whether Petitioner has sufficiently shown a fair and just reason for requesting withdrawal of his guilty plea such that the trial court shall grant…
23-6392 Phillip Watkins v. United States Sixth Circuit 2023-12-28 Denied Response WaivedIFP abuse-of-discretion criminal-procedure due-process evidentiary-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-enhancement sixth-amendment QUESTON NUMBER ONE; Whether the Sixth Circuit abused its discretion by affirming the district court's failure to conduct an Evidentiary Hearing regar…
23-6374 Vonell Davis, Jr. v. Wayne Hill, et al. Fourth Circuit 2023-12-27 Denied Response WaivedIFP abuse-of-discretion cause-of-action civil-procedure civil-rights district-court due-process health-risks inmate-rights motion-to-amend standing I. DID THE DISTRICT COURT ERR WHEN IT DENIED THE ORIGINAL COMPLAINT WITHOUT A HEARING, AND CONCLUDING APPELLANT HAD NO CAUSE OF ACTION? 2. DID THE …
23-692 Zachariah Minix v. Kentucky Kentucky 2023-12-27 Denied Response Waived abuse-of-discretion criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment fifth-amendment parole-eligibility plea-agreement plea-withdrawal Petitioner, Zachariah M. Minix (Minix), appeals as a matter of right from an Adair County Circuit Court Judgment and Sentence on Plea of Guilty that i…
23-6339 Juan Guzman, aka Juan Villarreal-Guzman, aka Juan Guzman-Villareal, aka Victor Nava, aka Francisco Lara, aka Francisco Lara-Paramo, aka Ayala Ramoro, aka Carlos Solorio, aka Daniel Solorio, aka Flaco v. United States Eighth Circuit 2023-12-22 Denied Response WaivedIFP abuse-of-discretion assault-with-a-firearm criminal-procedure district-court district-court-discretion evidence-admission firearm-possession prior-allegation prior-bad-acts sixth-circuit Does a District Court prejudicially abuse its discretion in a firearm possession case, as previously found by the Sixth Circuit, when that District Co…
23A547 Eric Lavell Minter v. United States Sixth Circuit 2023-12-14 Presumed Complete abuse-of-discretion criminal-procedure fact-finding jury-trial sentencing-enhancement sixth-amendment Where a district court applies a federal sentencing enhancement based on findings of fact at sentencing—and neglects to explain how it selected among …
23-6168 Samreen Riaz v. Superior Court of California, Tulare County, et al. California 2023-12-06 Denied IFP abuse-of-discretion civil-rights court-procedure due-process judicial-bias judicial-disqualification judicial-misconduct petition-for-review public-trust recusal standing .Did the Supreme Court of California (S281800)deniai of petition of review on Sept 27 23 ieft an existence of an unresolved conflict legal issue) in …
23-6107 Joseph G. Cua v. Roberto A. Arias, Acting Warden Ninth Circuit 2023-11-27 Denied Response WaivedIFP abuse-of-discretion aedpa aedpa-limitations discovery due-process habeas-corpus ineffective-assistance procedural-error rule-60-motion time-limitations I WHETHER EXCEPTIONS TO THE AEDPA ONE YEAR TIME LIMITATIONS RENDERED THE DISTRICT COURT'S 2015 DISMISSAL FOR UNTIMELINESS OF CUA'S HABEAS PETITION AND…
23-5995 Jake Messer v. United States Sixth Circuit 2023-11-13 Denied Response WaivedIFP abuse-of-discretion character-testimony commerce-clause federal-kidnapping-statute guidelines-calculation interstate-commerce noneconomic-violent-crime procedural-reasonableness sentencing sentencing-guidelines L Whether the Sixth Circuit's interpretation of the Federal Kidnapping statute, 18 U.S.C. § 1201(a)(), as applied to Petitioner, exceeded Congressiona…
23-5983 Eric Spencer v. United States Second Circuit 2023-11-09 Denied Response WaivedIFP abuse-of-discretion appellate-review court-procedure de-novo-review district-court evidence evidence-rules hearsay hearsay-evidence judicial-discretion standard-of-review When reviewing a district court's ruling to admit hearsay into evidence, should the Court of Appeals apply an abuse of discretion standard or engage i…
23-5915 Keith Alexander v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. Third Circuit 2023-10-31 Denied IFP abuse-of-discretion appellate-review appointment-of-counsel civil-rights constitutional-rights district-court due-process evidence habeas-corpus judicial-discretion procedural-error standard-of-review Question not identified.
23-5892 Shane Woodgeard v. Timothy Heavlin, et al. Ohio 2023-10-26 Denied IFP abuse-of-discretion bond-setting case-consolidation change-of-venue civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process judicial-discretion judicial-recusal venue-change Did a lower Court violate Rights in issuing an unheard of, $100,000 bond on a misdemeanor, when there was overwhelming evidence showing there was no c…
23A374 Gina Russomanno v. Sunovion Pharmaceuticals Inc., et al. Third Circuit 2023-10-25 Presumed Complete abuse-of-discretion adequate-remedy curative-remedy judicial-discretion rule-12b6 void-judgment Question not identified.
23-5848 In Re Naser A. Abdallah 2023-10-20 Denied Response WaivedIFP 14th-amendment abuse-of-discretion administrative-law appellate-review civil-rights district-court due-process equal-protection fifth-circuit identity-theft standing writ-of-prohibition WHETHER BY REASON OF AN ABUSE OF DISCRETION COMMITTED BY THE DISTRICT COURT, IN REFUSING TO GRANT RELIEF PURSUANT TO PHASER ABDALLAH'S AGGRAVATED IDEN…
23-394 Thurayyah Z. Richardson v. The Procter and Gamble Company, et al. New York 2023-10-13 Denied abuse-of-discretion appellate-review civil-procedure constitutional-rights due-process fifth-amendment fourteenth-amendment judicial-discretion material-facts summary-judgment 1. Where a trial court deciding summary judgment resolves genuine issues of disputed material fact adversely to Plaintiff instead of ruling on the law…
23A298 Yehoram Uziel v. Superior Court of California, Los Angeles County, et al. Ninth Circuit 2023-10-05 Presumed Complete abuse-of-discretion due-process equal-protection-clause federal-rules-of-civil-procedure judicial-discrimination self-represented-litigant Question not identified.
23-331 James Doe v. Gladys Pisani, et al. Second Circuit 2023-09-29 Denied abuse-of-discretion disputed-facts interlocutory-appeal jury-trial material-facts probable-cause qualified-immunity summary-judgment Whether the Court of Appeals erred in concluding that "arguable probable cause" can support a claim for qualified immunity on summary judgment after t…
23-5638 Adrian M. Jackson v. Clinton Canady, III, Judge, et al. Sixth Circuit 2023-09-22 Denied IFP abuse-of-discretion civil-procedure civil-rights discovery due-process factual-error remand sixth-circuit vacatur QUESTON NUMBER ONE: Whether the Sixth Circuit abused its discretion by committing a factual error in which likely impacted the outcome of their Decis…
23-5564 Trent Steven Griffin, Sr. v. United States District Court for the Northern District of Texas Fifth Circuit 2023-09-13 Denied IFP abuse-of-discretion civil-procedure civil-rights constitutional-rights due-process federal-rules federal-rules-of-civil-procedure judicial-discretion jury-trial motion-to-dismiss procedural-misconduct standing 1. Whether Honorable Jorge Solis (retired), and now Honorable Ed Kinkeade, District Court Judge, had the power or authority or there was an abuse of d…
23-5514 Rodger William Dillard v. Wyoming Wyoming 2023-09-05 Denied Response WaivedRelisted (2)IFP abuse-of-discretion alford-plea appeal court-rules criminal-procedure due-process judicial-abuse judicial-discretion plea-bargaining plea-withdrawal sentence-correction sentencing 1. Did the District in and for Natrona County 7th Judicial Abuse its power when it accepted the Petitioner alford plea because the the statue reads as…
23-5495 SirMichael Dyess v. California California 2023-08-31 Denied IFP abuse-of-discretion ada appellate-procedure civil-rights constitutional-rights due-process evidence ineffective-counsel judicial-discretion judicial-misconduct post-conviction-review procedural-default Question not identified.
23-5499 Manuel De Jesus Del Cid Bran v. United States Fourth Circuit 2023-08-31 Denied Response WaivedIFP 18-usc-3583 abuse-of-discretion criminal-procedure criminal-sentencing deportation discretionary-sentencing sentencing-commission supervised-release A district court may not consider retribution when deciding whether to impose a term of supervised release. See Concepcion v. United States, 142 S. Ct…
23-5491 Saundra S. Brooke v. Vanderbilt Mortgage and Finance, Inc. Fourth Circuit 2023-08-31 Denied IFP abuse-of-discretion bankruptcy bankruptcy-law circuit-court civil-procedure court-procedure due-process evidence evidence-withholding exculpatory-evidence judicial-discretion standing Whether the lower abused her discretion when she withheld evidence in the record from the fourth circuit and disregarded a discharged bankruptcy in th…
23-181 Patricia L. Harrison v. South Carolina Department of Health and Human Services, et al. Fourth Circuit 2023-08-25 Denied Response Waived abuse-of-discretion civil-procedure dismissal district-court-discretion federal-court-procedure federal-rules-of-civil-procedure legal-standards rule-11-sanctions sanctions settlement sua-sponte-sanctions 1. Did the district court abuse its discretion by sanctioning Petitioner sua sponte pursuant to Federal Rules of Civil Procedure Rule 11 after settlem…
23-5444 Adam P. Strege v. Eric A. Vos, Individually and in His Official Capacity as the Chief Defender for the Office of the Federal Public Defender District of Puerto Rico, et al. First Circuit 2023-08-25 Dismissed Response WaivedRelisted (2)IFP abuse-of-discretion civil-procedure civil-rights constitutional-claim due-process federal-civil-procedure free-speech government-officials malicious-prosecution standing (1) God Loves to not allow intelligent life billion trillion, trillion times Trillion planets God kill Gods that allow intelligent life on all planets…
23-5445 William Bazemore v. United States Second Circuit 2023-08-25 Denied Response WaivedIFP abuse-of-discretion crime-of-violence criminal-procedure district-court factual-findings guilty-plea section-1591 sex-trafficking voluntariness withdrawal I WHETHER THE DISTRICT COURT ABUSED ITS DISCRETION WHEN IT DENIED DEFENDANT'S MOTION TO WITHDRAW HIS GUILTY PLEA AND FAILED TO MAKE FACTUAL FINDINGS N…
23-5405 David Petersen v. United States Eleventh Circuit 2023-08-22 Denied Response WaivedIFP abuse-of-discretion constitutional-rights court-errors due-process fourteenth-amendment integrity-of-judicial-process judicial-discretion judicial-process material-errors securities-fraud Question 1. Is it a violation of due process when any court, upon becoming formally aware of multiple material abuses of discretion and material error…
23-145 Aleksandra Shklyar v. Carboline Company Eighth Circuit 2023-08-16 Denied Response Waived abuse-of-discretion ada-pleadings americans-with-disabilities-act civil-procedure civil-rights court-discretion disability-discrimination due-process judicial-bias retaliation standing Did the Court abuse its discretion in dismissing the amended complaint for disability discrimination and retaliation? Did the Court abuse its discret…
23-5352 Cassandra McGuire v. Highmark Holdings, et al. Sixth Circuit 2023-08-15 Denied IFP abuse-of-discretion civil-procedure court-discretion default-judgment federal-rules federal-rules-of-civil-procedure procedural-rules stare-decisis summary-judgment Did the Defendant Point out Defects in respect to the Motion for More Definite Statement Doc 14 and 15, Case 3:19-cv-00902? Do they have authority to…
23-5306 Kenneth Ray Holbert, Sr. v. Texas Texas 2023-08-09 Denied IFP abuse-of-discretion constitutional-right direct-appeal ineffective-assistance legal-burden state-court state-court-procedure strickland-standard strickland-test summary-reversal two-pronged Where a Strickland claim is appropriately raised on direct appeal, may a state court add to the two-pronged Strickland test a burden of showing the tr…
23-5316 Aaron J. Bressi v. Tracy McCloud, et al. Third Circuit 2023-08-09 Dismissed IFP abuse-of-discretion civil-procedure court-dismissal due-process failure-to-state-a-claim judicial-discretion legal-procedure pro-se-litigation public-interest standing I. How does this Complaint get dismissed by Both the Honorable District Courf. and the Honorable Appeals Court. tor tai lure. to Stat£ Oi (Claim/ 2..…
23-5317 Aaron J. Bressi v. Jeffery Brennen, et al. Third Circuit 2023-08-09 Dismissed Response WaivedIFP abuse-of-discretion case-dismissal civil-procedure court-procedure due-process failure-to-state-a-claim failure-to-state-claim judicial-discretion legal-review procedural-dismissal public-interest standing 1. How does this Complaint get dismissed by Both the Honorable District Court and the Honorable Appeals Court, for failure to State a Claim? 2. How i…
23-5318 Aaron J. Bressi v. John Gembic, et al. Third Circuit 2023-08-09 Dismissed Response WaivedIFP abuse-of-discretion case-dismissal civil-procedure complaint-dismissal court-procedure due-process failure-to-state-claim judicial-discretion jurisdiction legal-review public-interest standing ). How does this Complaint Get dismissed by Both the Honorable District Court, and the Honorable Appeals Court for failure to State a Claim* 2. How i…
23-5271 Eric Villarreal v. California California 2023-08-03 Denied IFP abuse-of-discretion court-of-appeals criminal-conviction criminal-procedure disability due-process ineffective-assistance-of-counsel judicial-standard legal-review mental-health psychological-disorder right-to-counsel Question not identified.
23-90 Shaomin Sui v. FedEx Ground Package System, Inc. Fourth Circuit 2023-07-31 Denied Response Waived 4th-circuit abuse-of-discretion appellate-review arbitration civil-procedure district-court The unpublished opinion of the 4th Circuit Court erroneously upheld the district court's order, concluding the district court did not abuse its discre…
23-5222 Mustafa Ali v. Jeffrey Minehart, Judge, et al. Pennsylvania 2023-07-27 Denied IFP abuse-of-discretion constitutional-provisions due-process habeas-corpus pcra-petition post-conviction-relief sentencing-discretion state-court-procedure statutory-interpretation statutory-maximum void-for-vagueness 1. Whether the PCRA Court abused its discretion in failing to convert Petitioner's State Habeas Petition into a PCRA Petition? 2. Whether the Trial C…
23-5227 Luis Roman v. Illinois Illinois 2023-07-27 Denied IFP abuse-of-discretion civil-rights criminal-procedure due-process evidence-suppression fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct trial-counsel Question not identified.
23-5228 Patrick Frederick Williams v. United States Eleventh Circuit 2023-07-27 Denied Response WaivedIFP abuse-of-discretion appellate-review circuit-split first-step-act procedural-reasonableness section-404 sentencing-reduction substantive-reasonableness Where a district court exercises its discretion under Section 404(b) of the First Step Act to deny a sentence reduction to a defendant with a "covered…
23-5205 Steven Lesane v. United States Second Circuit 2023-07-26 Denied Response WaivedIFP abuse-of-discretion criminal-procedure district-court factual-basis guilty-plea ineffective-assistance ineffective-counsel mental-competency motion-to-withdraw plea-bargaining statutory-interpretation I. Whether the District Court abused its discretion when it denied appellant's motion to withdraw his guilty plea where 1) there was an insufficient…
23-5208 Jason Boudreau v. United States First Circuit 2023-07-26 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-procedure due-process first-amendment fourth-amendment plea-agreement search-and-seizure search-condition sentencing sentencing-enhancement 1. Whether the District Court's decision to subject the Petitioner to a lifetime suspicionless search condition that lacks any limitations at all vio…
23-5177 Kenneth Ragan-Armstrong v. United States Fourth Circuit 2023-07-24 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure district-court due-process judicial-discretion plain-error procedural-reasonableness sentencing sentencing-conditions supervised-release Whether the district court plainly erred in imposing special conditions of supervision without explaining why such conditions were necessary or approp…
23-5146 Santos Rosales Martinez v. Iowa Iowa 2023-07-20 Denied Response WaivedIFP abuse-of-discretion actual-innocence constitutional-rule habeas-corpus iowa-constitution iowa-courts judicial-discretion new-rule-of-law schlup-test schlup-v-delo schmidt-v-state 1. Whether the Iowa Courts have failed to properly adjudicate the Petitioner's actual innocence claims as currently explained in Schlup v. Delo 513 U…
23-5128 In Re Mark T. Stinson, Sr. 2023-07-18 Dismissed Response WaivedIFP 6th-circuit abuse-of-discretion appellate-review circuit-court federal-rules-of-civil-procedure habeas-corpus judicial-discretion mandamus motion-denial rule-60b section-2255 1. Did the United States Court of Appeals for the Sixth Circuit abuse its discretion by refusing to answer Stinson's § 2255 motion? 2. Did the United…
23-45 Ethan R. Shields v. United States Armed Forces 2023-07-14 Denied Response Waived abuse-of-discretion digital-forensics fourth-amendment military-justice reasonableness search-and-seizure 1. Whether this Court should endorse the Tenth Circuit framework for assessing the reasonableness of digital forensic searches under the Fourth Amendm…
23-11 Gary Victor Dubin v. United States District Court for the District of Hawaii Ninth Circuit 2023-07-05 Denied Response WaivedRelisted (2) abuse-of-discretion americans-with-disabilities-act appellate-procedure claims-processing-rule due-process equal-protection judicial-discretion temporary-disability Whereas, in Petitioner Dubin's three separate timely appeals, filed by him both as an attorney and as personally representing himself and nearly one- …
23-5016 Jonathan Limbrick v. United States Fifth Circuit 2023-07-03 Denied Response WaivedIFP abuse-of-discretion courts-of-appeals criminal-procedure fair-and-just-reason fifth-circuit guilty-plea kercheval-v-united-states plea-withdrawal rule-11 DID THE FIFTH CIRCUIT ERR BY FINDING THAT THE DISTRICT COURT'S DECISION TO DENY MR. LIMBRI CK'S MOTION TO WITHDRAW HIS GUILTY PLEA DID NOT CONSTITUTE …
23-5006 Robert Timothy Blake v. United States Fifth Circuit 2023-06-30 Denied Response WaivedIFP abuse-of-discretion appeal appellate-procedure case-consolidation consolidation due-process judicial-discretion prejudice procedural-fairness relevant-issues 1. Wether, Consistent with the Due Process Clause, a defendant may suffer prejudice, when a Court will order a Consolidation of Cases, where one case …
22-7827 Scott Anderson v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al. Third Circuit 2023-06-21 Denied IFP abuse-of-discretion burden-of-proof certificate-of-appealability criminal-procedure due-process judicial-discretion legal-innocence reasonable-jurist sufficiency-of-evidence Is a defendant legally and factually innocent, if the State fails to prove each and every element of the crime {facts}, and the facts do not establish…
22-7820 Annamalai Annamalai v. United States Eleventh Circuit 2023-06-20 Denied Response WaivedIFP abuse-of-discretion due-process fair-trial impartiality judicial-bias judicial-discretion judicial-recusal recusal sentencing I. Whether the district court abused its discretion by failing to recuse itself due to the appearance of impartiality when the court's remarks at sent…
22-7811 Trent S. Griffin, Sr. v. American Zurich Insurance Company, et al. Fifth Circuit 2023-06-16 Denied Response WaivedIFP 60b-motion abuse-of-discretion affirmative-defense appellate-review full-faith-and-credit jurisdiction motion-to-dismiss plea-to-the-jurisdiction res-judicata Pursuant to the Full Faith and Credit, whether an unauthenticated judgment have res judicata affects as an affirmative defense provided in memoranda o…
22-7796 Jose Alfredo Perez v. United States Fifth Circuit 2023-06-15 Denied Response WaivedIFP abuse-of-discretion appellate-review case-specific-facts criminal-procedure criminal-sentencing district-court due-process fifth-circuit sentencing-guidelines sentencing-variance upward-variance Whether a district court's mere recitation of the sentencing statute absent any application of case-specific facts is sufficient to support a five-yea…
22-1207 Columbia Falls Aluminum Company, LLC v. Atlantic Richfield Company Ninth Circuit 2023-06-13 Denied abuse-of-discretion cercla district-court environmental-response-costs equitable-allocation fourth-circuit judicial-review standard-of-review Whether a district court's equitable allocation of environmental response costs pursuant to Section 113(f)(1) of the Comprehensive Environmental Respo…
22-7748 Mike Webb v. James Christian Kimmel, et al. Fourth Circuit 2023-06-09 Denied IFP abuse-of-discretion civil-procedure default-judgment discretionary-power evidence-exclusion federal-rules-of-civil-procedure federal-rules-of-evidence judicial-review motion-to-dismiss rico rico-statute As a rule, it is generally clear that "[u]nless another time is specified by this rule or a federal statute, the time for serving a responsive pleadin…
22-1188 Douglas K. Smith v. Eric Terry Fifth Circuit 2023-06-08 Denied Response Waived abuse-of-discretion appellant-brief appellate-procedure bankruptcy circuit-court civil-procedure dismissal-of-appeal extension-of-time judicial-discretion procedural-dismissal Whether the Circuit Court's March 8, 2023 denial of a second motion for thirty-day extension of time to file appellant brief, and resultant dismissal …
22-1184 Robert Walker, et al. v. Barry S. Mittelberg, et al. Eleventh Circuit 2023-06-07 Denied 11th-circuit abuse-of-discretion appellate-review bankruptcy bankruptcy-procedure bankruptcy-rules civil-procedure due-process judicial-estoppel property-disclosure standing Whether the 11th Circuit Court of Appeals exercised its discretion in err by not "safeguarding not only ongoing proceedings, but potential future proc…
22-1162 Frank Lawrence, Jr. v. United States District Court for the Western District of Michigan Sixth Circuit 2023-05-31 Denied abuse-of-discretion bar-admission due-process free-speech independent-review speech-related-activities standard-of-review unconstitutional-conditions The Sixth Circuit determined in this case that although "the Supreme Court has not formally announced the proper standard of review for bar-admission …
22-7666 Bayardo R. Sandy v. The Baca Grande Property Owners Association Colorado 2023-05-30 Denied Relisted (2)IFP abuse-of-discretion civil-procedure civil-rights constitutional-violation cover-up due-process equal-protection legal-jurisdiction petitioner-rights state-misconduct Did Colorado violate Petitioner Bayardo Sandy's Civil Rights? I. Has Colorado been Engaged in a Cover up of its Abuse of Discretions? II.
22-7612 Bayardo R. Sandy v. The Baca Grande Property Owners Association Colorado 2023-05-22 Denied Relisted (2)IFP abuse-of-discretion civil-rights constitutional-violation cover-up due-process equal-protection judicial-review legal-remedy standing state-misconduct Did Colorado violate Petitioner Bayardo Sandy's Civil Rights? Has Colorado been Engaged in a Cover up of its Abuse of Discretions?
22-7592 Grace Woodham v. Tucker Scheffer New Hampshire 2023-05-18 Denied IFP abuse-of-discretion civil-rights digital-privacy due-process electronic-communications equal-protection fourth-amendment free-speech probable-cause search-and-seizure standing warrantless-search The OCR text provided is too degraded and illegible to accurately extract the "Question(s) Presented" section. While a section header labeled "QUESTIO…
22-7490 Wendell W. Phillips v. United States Court of Federal Claims Federal Circuit 2023-05-09 Denied Response WaivedIFP 12b1-motion abuse-of-discretion civil-rights due-process federal-circuit illegal-exaction just-compensation legislative-enactments mandamus-jurisdiction rule-10 substantive-private-rights Whether, the United States Court of Appeals for the Federal Circuit, has jurisdiction to rule on a petition for a writ of mandamus, against a lower co…
22-7451 Bennie C. Rivera v. United States Eleventh Circuit 2023-05-03 Denied Response WaivedIFP abuse-of-discretion criminal-justice criminal-procedure fair-sentence-act first-step-act judicial-discretion judicial-review motion-denial sentencing sentencing-discretion statutory-interpretation DID JUDGE JOHN ANTON II, UNITED STATES DISTRICT COURT JUDGE ABUSE HIS DISCRETION WHEN HE DENIED THE PETITIONER'S MOTION IN PURSUANT TO THE FIRST STEP …
22-1052 Patricia Hermann v. Jonathan B. McFarland, et al. Eleventh Circuit 2023-05-01 Denied Response WaivedRelisted (2) abuse-of-discretion appellate-review civil-procedure federal-rules-civil-procedure federal-rules-of-civil-procedure good-cause judicial-discretion procedural-motion reconsideration time-extension Where a party moves three days before the deadline for an extension of time to file a responsive pleading pursuant to Fed. R. Civ. Proc. 6(b)(1)(A), a…
22-7367 Christopher J. Bailey v. United States Fourth Circuit 2023-04-25 Denied Response WaivedIFP 18-usc-3582 abuse-of-discretion concepcion-precedent concepcion-v-united-states criminal-justice-reform criminal-sentencing district-court-discretion first-step-act precedent sentence-reduction sentencing WHETHER THE DISTRICT COURT ABUSED ITS DISCRETION WHEN IT ARBITRARILY IGNORED PRECEDENT FROM ITS OWN CIRCUIT, AND THE SUPREME COURT, IN DENYING PETIT…
22-7325 Noel Brown v. City of New York, New York, et al. Second Circuit 2023-04-19 Denied Response WaivedIFP abuse-of-discretion appellate-procedure civil-procedure civil-rights collateral-review court-review federal-rules-of-appellate-procedure in-forma-pauperis judicial-discretion prisoner-appeal standing 1. Did the Denial of Appellant's motion for in forma patiperis, by the U.S. Court of Appeals, violate Rule 24(A)(5), of the Federal Rule oj: Appellate…
22-7290 Michael Kenneth Howard v. United States Fourth Circuit 2023-04-14 Denied Response WaivedIFP abuse-of-discretion acceptance-of-responsibility criminal-procedure district-court fourth-circuit right-to-appeal sentencing-guidelines waiver waiver-of-appeal I. Whether the Fourth Circuit erred by ruling that Mr. Howard waived his right to appeal whether the District Court erred by not applying Acceptance o…
22-7261 Susan Elise Prophet v. United States Eighth Circuit 2023-04-12 Denied Response WaivedIFP 18-usc-3582 abuse-of-discretion appellate-review compassionate-release criminal-procedure eighth-circuit federal-sentencing judicial-discretion sentence-reduction sentencing statutory-interpretation Whether the United States Court of Appeals for the Eighth Circuit abused its discretion in denying Prophet's Motion for Compassionate Release/Reductio…
22-7176 In Re Thomas J. M. Goodin 2023-04-03 Denied Response WaivedIFP abuse-of-discretion appellate-jurisdiction circuit-court-review civil-rights due-process exceptional-circumstances federal-habeas habeas-corpus mandamus-petition pro-se-litigant standing Whether the United States Court of Appeals for the Fifth Circuit abused its discretion by denying Petitioner's Application for a Certificate of Appeal…
22-7120 Aaron J. Bressi v. Pennsylvania Parole Board, et al. Third Circuit 2023-03-27 Dismissed Response WaivedRelisted (2)IFP abuse-of-discretion case-significance civil-procedure civil-rights complaint-dismissal court-discretion due-process judicial-review legal-procedure public-importance public-interest standing I. How Soes this Complaint qe't disirniiss-ed by Both the Honorable District Courtj and the Honorable /Appeals Courtj -For C\ Claim,-Fa i I u re to St…
22-7101 Charles Eugene Nolden v. United States Third Circuit 2023-03-24 Denied Response WaivedIFP 18-usc-3582 abuse-of-discretion compassionate-release criminal-justice criminal-sentencing federal-statute sentence-reduction sentencing third-circuit Whether the United States Court of Appeals for the Third Circuit abused its discretion in denying Nolden's Motion for Compassionate Release/Reduction …
22-7102 Towaki Komatsu v. NTT Data, Inc., et al. Second Circuit 2023-03-24 Denied IFP abuse-of-discretion arbitration-costs civil-procedure civil-rights discovery-order due-process judicial-discretion res-judicata sanctions standing Whether redetermination is warranted of a) my claims in Komatsu v. NTT Data , Inc., No. 15-7007 (LGS)(S.D.N.Y. May 17, 2016) (hereinafter referred to…
22-6953 Curtis Bradley v. United States Sixth Circuit 2023-03-07 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-law criminal-procedure due-process judicial-discretion sentencing substantive-reasonableness Was the sentence imposed on Petitioner substantively reasonable?
22-6919 In Re DeAnn Graham 2023-03-03 Denied Response WaivedIFP abuse-of-discretion civil-rights clear-error due-process fair-housing justiciability mandamus When this case was before the Court of Appeals on the Appeals" and "review[ed] the Plaintiffs' appeals challenging the District Court's Judge Jon E. D…
22-6898 John L. Love v. Daniel F. Martuscello, III, Superintendent, Coxsackie Correctional Facility Second Circuit 2023-03-01 Denied IFP abuse-of-discretion constitutional-error discretionary-review due-process ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct relation-back strickland-standard unreasonable-application 1. Did the District court abuse its discretion under "unreasonable application" when petitioner Love's proposed amendment did "relate back" to the ori…
22-6883 Fairly W. Earls v. Kari Buske, et al. Seventh Circuit 2023-02-28 Denied Response WaivedIFP abuse-of-discretion civil-procedure civil-rights civil-rights-claim constitutional-claim due-process jurisdiction screening section-1367 section-1983 standing supplemental-jurisdiction Whether the District Court and Court of Appeals Abused there Discretion on its Original and Supplemental Jurisdiction by an erroneous application of…
22-6733 In Re John B. Myles 2023-02-08 Denied IFP abuse-of-discretion appellate-review arrest-warrant due-process evidence evidence-exclusion ineffective-assistance-of-counsel judicial-discretion prosecutorial-misconduct sixth-amendment Question not identified.
22-6718 Justin Stabler v. United States Fifth Circuit 2023-02-07 Denied Response WaivedIFP 18-usc-3553 abuse-of-discretion alcohol-consumption criminal-sentencing electronic-searches section-3553a sentencing-guidelines sentencing-reasonableness substantive-reasonableness supervised-release 1) Whether the 120-month sentence ordered by the district court is substantively unreasonable because, among other reasons, the Guidelines sentencing …
22-740 Harinder Jeet Singh v. RXR 620 Master Lease, LLC, et al. Second Circuit 2023-02-07 Denied abuse-of-discretion appellate-review civil-procedure district-court due-process emotional-distress evidence-spoliation judicial-misconduct spoliation-of-evidence standing summary-judgment 1. Whether District Court falsified facts in its order dated 6/10/16 to favor EXCEL, and falsified facts in SJM ruling dated 3/30/21 to favor Securita…
22-6704 Angel Vazquez-Figueroa v. United States First Circuit 2023-02-06 Denied Response WaivedIFP abuse-of-discretion criminal-procedure individualized-assessment judicial-discretion plain-error plain-error-review plea-agreement section-3553a-factors sentencing sentencing-discretion Question not identified.
22-6701 In Re Astarte Davis 2023-02-03 Denied IFP abuse-of-discretion accountability civil-rights color-of-law constitutional-rights due-process judicial-ethics judicial-misconduct public-importance vexatious-litigant 1. Whether the Respondents decisions in Astarte's case is non-judicial conduct under color of law and constitution, failed in their judicial ethics, a…
22-6593 Steven C. Heiser v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-01-23 Denied Response RequestedRelisted (2)IFP abuse-of-discretion certificate-of-appealability certiorari-jurisdiction due-process habeas-corpus limitations-defense party-presentation statute-of-limitations sua-sponte Mr. Heiser humbly asks this Honorable Court to invoke its judicial discretion and consider the following questions: 1. THIS COURT SHOULD EXERCISE ITS…
22-6442 Brennan Thomas Baker v. Wyoming Wyoming 2023-01-04 Denied Response WaivedIFP abuse-of-discretion cell-phone-recording criminal-evidence criminal-procedure due-process evidence evidentiary-abuse-of-discretion fourth-amendment legal-admissibility surveillance surveillance-footage witness-testimony DID THE DISTRICT COURT ABUSE ITS DISCRETION WHEN IT ADMITTED THE STATE'S CELL PHONE RECORDING OF SURVEILLANCE FOOTAGE THAT CAPTURED THE ALTERCATION BE…
22-6454 Christine Chang v. Ezery Beauchamp, Captain and Commander for California Highway Patrol, et al. Ninth Circuit 2023-01-04 Denied Response WaivedIFP 42-usc-1983 abuse-of-discretion civil-rights dismissal dismissal-with-prejudice due-process fourteenth-amendment ninth-circuit pro-se section-1983 Whether the Ninth Circuit violates Petitioner's Fourteenth Amendment due process rights when it decides in a civil rights action under 42 U.S.C. Secti…
22-6324 Matthew Ruben Hernandez v. United States Ninth Circuit 2022-12-16 Denied Response WaivedIFP abuse-of-discretion Bureau-of-Prisons civil-procedure discretionary-review extraordinary-and-compelling-reason medical-conditions pandemic pandemic-impact sentence-modification statutory-interpretation Did the District Court abuse its discretion and misconstrue the law in determining that the Bureau of Prisons' failure to manage Mr. Hernandez's sever…
22-6235 In Re DeAnn Graham 2022-12-07 Denied Response WaivedIFP 7th-circuit abuse-of-discretion civil-procedure clear-error due-process justiciability mandamus remand When this case was before the Court of Appeals on the Appeals " and "reviewted] the Plaintiffs ' appeals challenging the District Court 's order their…
22-6152 Carlos Edward Kennedy v. Carla Jones Eleventh Circuit 2022-11-23 Denied Response WaivedIFP abuse-of-discretion civil-procedure continuance discretion forensic-evidence pro-se Question not identified.
22-6138 Michael Lindell Teasley v. United States Eighth Circuit 2022-11-22 Denied Response WaivedIFP abuse-of-discretion civil-rights court-of-appeals criminal-procedure district-court due-process eighth-circuit equal-protection judicial-discretion non-violent-offenses sentencing sentencing-guidelines bh pid the Gort of pepeals fp the Eight Cikwuit, South cn Piswier oF Towa, abuse its diduetin by vhlizing the Cer wero Feendeg guidelines, whi dh phim…
22-6141 Eric Lamont Wade v. United States Fourth Circuit 2022-11-22 Denied Response WaivedIFP abuse-of-discretion concepcion-ruling concepcion-v-united-states criminal-justice-reform district-court-discretion due-process first-step-act section-404(c) sentence-reduction sentencing QUESTON NUMBER ONE: Whether the district court abused its discretion by failing to comply with Section 404 (c) of the First Step Act of 2018, ensurin…
22-6119 Jaques Fearence v. Brenda M. Cash, Warden Ninth Circuit 2022-11-21 Denied Response WaivedIFP abuse-of-discretion attorney-abandonment civil-procedure civil-rights constitutional-standard due-process federal-review habeas-corpus standing state-court-decision 1) Whether the Court of Appeals erred in its application of the constitutional standard for the denial of a motion for reconsideration based on the pe…
22-6103 Serdar Tatar v. United States Third Circuit 2022-11-18 Denied Response WaivedIFP 18-usc-3582-c-1-a abuse-of-discretion actual-innocence brady-claims concepcion-v-united-states evidentiary-hearing judicial-error legal-standard motion-for-relief rule-60 rule-60-b I. Whether or not the district court's denial of Mr. Tatar's. Motion for relief under Rule 60(d)$3) , (b)(3), and (b)(6), for fraud, and or fraud upo…
22-6104 Esteban Parra-Reyes v. United States Ninth Circuit 2022-11-18 Denied Response WaivedIFP abuse-of-discretion circuit-court-review compassionate-release criminal-justice federal-sentencing judicial-discretion ninth-circuit prisoner-rights sentencing summary-affirmance I. Whether The Denial Of Esteban Para Reyes's Motion For Compassionate Release Was An Abuse Of Discretion? II. Whether the Ninth Circuit's Summary Af…
22-441 Rony Galicia v. Maryland Maryland 2022-11-10 Denied Response Waived abuse-of-discretion accomplice-confession appellate-review confrontation-clause cross-examination double-murder sixth-amendment standard-of-review This case presents the following questions: 1. Whether the Sixth Amendment is violated by a trial court's denial of cross-examination into an accompl…
22-6030 In Re Jason Paul Maple 2022-11-09 Denied IFP abuse-of-discretion civil-procedure civil-rights constitutional-trial-error due-process free-speech jurisdictional-power manifest-disregard pro-se-litigant standing third-circuit-court 1. Whether the United States Court of Appeals for the Third Circuit acted in excess of its jurisdictional power with respects to, inter alia, an abuse…
22-422 Kendall Streb v. United States Eighth Circuit 2022-11-07 Denied Response WaivedRelisted (2) abuse-of-discretion brady-violation civil-procedure criminal-procedure discovery due-process evidence-concealment government-misconduct hearing prosecutorial-misconduct witness-payments When the government intentionally conceals Brady evidence (payments and benefits to witnesses) on the eve of trial - in violation of DOJ policy, ABA S…
22-5990 Leroy Brooks v. United States Third Circuit 2022-11-04 Denied Response WaivedIFP 3553a-factors abuse-of-discretion compassionate-release criminal-justice criminal-procedure district-court district-court-discretion extraordinary-reasons judicial-review sentence-reduction sentencing 1. Whether the district court abused its discretion in denying Petitioner's motion for compassionate release/reduction in sentence.
22-5903 L. Powers v. United States Postal Service Eleventh Circuit 2022-10-26 Denied Response WaivedIFP abuse-of-discretion civil-rights court-procedure due-process equal-protection equal-rights in-forma-pauperis indigent-rights judicial-discretion judicial-powers 1. Was the appearance of dismissing Petitioner's in forma pauperis applications an abuse of judicial powers & law? -I filed three in form pauperis app…
22-5673 Juan Amaya Lozano v. Fredrick Entzel, Warden Eighth Circuit 2022-09-26 Denied IFP abuse-of-discretion criminal-procedure due-process effective-assistance-of-counsel interpreter-rights limited-english-proficiency sentencing sentencing-discretion sixth-amendment 1) Whether the District Court abused it's discretion after ruling that Juan Lozano, (a limited English Proficiency defendant), required a Spanish Inte…
22-5390 Carina Conerly v. Julie G. Yap, et al. Ninth Circuit 2022-08-18 Denied IFP abuse-of-discretion appellate-review civil-procedure civil-rights court-procedure due-process frivolous-appeal frivolous-claim in-forma-pauperis judicial-discretion standing 1. WHETHER. The Ninth Circuit Court Of Appeals Erred In Finding Petitioners ' Claim To Be Frivolous after, as stated by the Appellate Court "Upon a re…
22-5392 Jane Doe v. City of Baton Rouge, Louisiana, et al. Fifth Circuit 2022-08-18 Denied IFP abuse-of-discretion appellate-procedure appellate-review civil-rights constitutional-interpretation court-accountability due-process federal-jurisdiction judicial-misconduct legal-procedure Whether the federal court of appeals should be allowed: to disregard the US Supreme Court 's law, the US Code, the Federal Rules, the Constitution, t…
22-5348 Clarence Lee v. United States Fifth Circuit 2022-08-15 Denied Response WaivedIFP abuse-of-discretion civil-procedure criminal-procedure due-process judicial-bias judicial-recusal motion-hearing prosecutorial-agreement recusal sentencing sentencing-discretion standing 1) Whether the district court erred by denying defense counsel's oral motion for recusal of the district judge. 2) Whether the district court erred b…
22-5267 John Everette Murray, III v. Florida Florida 2022-08-03 Denied IFP abuse-of-discretion amendment constitutional-rights criminal-procedure due-process judicial-discretion post-conviction-relief remand rule-3.850 state-courts 1. Will the United States Supreme Court allow the State courts to abuse their discretion by denying a rule 3.850 motion determined to be facially defi…
22-5262 David D. Major v. United States Seventh Circuit 2022-08-02 Denied Response WaivedIFP abuse-of-discretion acceptance-of-responsibility appeal-denial career-offender criminal-history drug-related-offense obstruction-of-justice reliable-evidence sentencing-guidelines (1) Isnt Seventh Circuit's panel decision contrary with UNITED STATES v. CHEEKS, 740 F.3d 440 (7thcir 2014),where district Court abused it's discret…
22-5191 Anis Blemur v. United States Eleventh Circuit 2022-07-26 Denied Response WaivedIFP abuse-of-discretion certificate-of-appealability controlling-precedent district-court eleventh-circuit guilty-plea ineffective-assistance-of-counsel judicial-discretion remand Whether the Eleventh Circuit's denial of a certificate of appealability, where the district court erred or alternatively abused its discretion in hold…
22-5163 Diann Ramcharan v. United States Tenth Circuit 2022-07-22 Denied Response WaivedIFP abuse-of-discretion civil-rights constitutional-rights due-process equal-protection immigration immigration-fraud jury-selection race-discrimination racial-bias voir-dire Is it an abuse of discretion for a district court, when there is a proper request by the accused, to refuse to conduct reasonable voir dire inquiry in…
22-5143 Malia Arciero v. United States Ninth Circuit 2022-07-20 Denied Response WaivedIFP 18-usc-3582 abuse-of-discretion appellate-discretion compassionate-release criminal-justice federal-statute judicial-review motion-reconsideration reconsideration sentencing sentencing-modification Whether the United States Court of Appeals for the Ninth Circuit abused its discretion in denying Arciero's Motion for Compassionate Release Under 18 …
22-5023 Sam Jones, Jr. v. United States Eleventh Circuit 2022-07-05 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-procedure due-process eleventh-circuit judicial-discretion less-culpable-defendant mandatory-minimum sentencing-entrapment supervisory-jurisdiction Whether in the exercise of its supervisory jurisdiction over the United States Courts, this Court should correct the correctable injustice, and violat…
21-8213 James York v. United States Ninth Circuit 2022-06-23 Denied Response WaivedIFP abuse-of-discretion administrative-remedies asthma compassionate-release covid-19 criminal-procedure discretionary-review federal-corrections sentencing-factors Whether the District Court Abused its Discretion by Denying Mr. York's Motion for Compassionate Release?
21-1575 Geoffrey M. Young v. Jeremy Mattox, Judge, Circuit Court of Kentucky, 14th Judicial Circuit Kentucky 2022-06-21 Denied Response Waived abuse-of-discretion circuit-court civil-procedure clerk court-clerk judicial-discretion judicial-ethics mandamus ministerial-duties prohibition 1. Does any circuit court judge have the authority or discretion to prevent the clerk of the circuit court from properly performing her ministerial du…
21-8171 Lamar Keith Garvin v. United States Fourth Circuit 2022-06-17 Denied Response WaivedIFP abuse-of-discretion criminal-procedure criminal-sentencing defendant-characteristics due-process judicial-discretion sentencing sentencing-disparities sentencing-guidelines sentencing-range sentencing-variance I. Whether the Fourth Circuit erred by affirming the District Court's imposing an unreasonable sentence under the totality of the circumstances, and w…
21-8164 Michael L. Pinkney v. Kenneth Black, Warden Sixth Circuit 2022-06-16 Denied IFP abuse-of-discretion civil-procedure due-process federal-courts judicial-misconduct standing United States. DebOrAhS.HuNt viOlAted 2253 ANd illegally dismissed the Apperl without it going in FRONt of a JUdge, iN violAtiON oF DUE PRocess of LAW…
21-8146 Gregory Thomas v. United States Second Circuit 2022-06-15 Denied Response WaivedIFP abuse-of-discretion criminal-procedure due-process first-step-act judicial-procedure legal-standard sentencing sentencing-relief statutory-interpretation This Court should issue a GVR Order so that the lower court can determine whether it is an abuse of discretion when a court fails to follow the law by…
21-8118 Myron Dejuan Orr v. United States Eighth Circuit 2022-06-10 Denied Response WaivedIFP 18-U.S.C.-3553(a) 18-U.S.C.-3582(c) 18-usc-3553a 18-usc-3582c abuse-of-discretion circuit-split extraordinary-and-or-compelling-reasons first-step-act sentencing-disparity 1. Whether the lower courts rulings amount to an An abuse of discretion when failing to consider That a disparity in sentencing amounts to an abuse …
21-8092 Nicole R. Bramwell v. United States Eleventh Circuit 2022-06-08 Denied Response WaivedIFP 18-U.S.C.-3553a 18-usc-3553(a) 18-usc-3661 abuse-of-discretion appellate-review below-guideline-sentence collateral-consequences downward-variance sentencing-guidelines sentencing-review (1) When a district court commits no procedural error at sentencing – e.g., correctly calculates the guidelines, considers all statutory sentencing fa…
21-8093 Albert Aiad-Toss v. United States Sixth Circuit 2022-06-08 Denied Response WaivedIFP 18-usc-3553 18-USC-3553a abuse-of-discretion criminal-procedure district-court-discretion procedural-reasonableness reasonableness sentencing sentencing-guidelines substantive-reasonableness supervised-release Whether Mr. Aiad-Toss's lifetime supervised release term was procedurally unreasonable because the district court failed to adequately explain its dec…
21-8048 Michael Ray Kapp v. United States Ninth Circuit 2022-06-03 Denied Response WaivedIFP abuse-of-discretion appellate-review circuit-court compassionate-release criminal-justice federal-procedure judicial-discretion sentencing summary-affirmance I. Whether The Denial Of Michael Kapp's Motion For Compassionate Release Was An Abuse Of Discretion? II. Whether the Ninth Circuit's Summary Affirman…
21-8021 Frank W. Coon v. United States Ninth Circuit 2022-06-01 Denied Response WaivedIFP 18-usc-3582 abuse-of-discretion compassionate-release criminal-justice district-court-discretion first-step-act sentence-reduction sentencing standard-of-review Whether the District Court Abused its Discretion by Denying Mr. Coon's Motion for Compassionate Release?
21-7997 Benjamin Green Robinson v. United States Eleventh Circuit 2022-05-27 Denied Response WaivedIFP abuse-of-discretion cocaine-trafficking criminal-procedure evidence judgment-of-acquittal judicial-discretion motion-in-limine motion-to-suppress plain-error prior-conviction (1) Whether the lower courts abused their discretion in granting the Government's motion in limine to admit into evidence, Petitioner's prior State co…
21-7944 Linda A. Petralia v. American Express National Bank New Hampshire 2022-05-23 Denied IFP abuse-of-discretion breach-of-contract civil-procedure constitutional-rights due-process plain-error res-judicata superior-court 1. Is it plain error when the N.H. Superior Court abused discretion and when it allowed for the malicious litigation of a second, same-named breach of…
21-7891 William Ramirez-Frechel v. United States First Circuit 2022-05-17 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure due-process federal-sentencing-guidelines judicial-discretion reasonableness reasonableness-review sentencing Whether The Sentence Imposed is Unreasonable.
21-7819 Kevin Ray Smith v. United States Eighth Circuit 2022-05-10 Denied Response WaivedIFP abuse-of-discretion article-iii-standing collateral-attack constitutional-challenge criminal-conviction due-process federal-criminal-law habeas-corpus jurisdictional-defect 1. Did Petitioner have Article standing to collaterally attack a federal criminal conviction, assuming 28 U.S.C. §2255, relying on this Court's preced…
21-7706 Irving Ernesto Arias v. United States Fifth Circuit 2022-04-26 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure district-court due-process fifth-circuit guilty-plea motion-to-withdraw plea-bargaining sentencing DID THE FIFTH CIRCUIT ERR BY FINDING THAT THE DISTRICT COURT'S DECISION TO DENY MR. ARIAS'S MOTION TO WITHDRAW HIS GUILTY PLEA DID NOT CONSTITUTE AN A…
21-1331 Marcus A. Murphy v. Amanda Cameron Dalton, aka Mandy Moore, et al. Fifth Circuit 2022-04-06 Denied abuse-of-discretion civil-procedure civil-rights dismissal district-court-discretion due-process energy-company pro-se-plaintiff sanctions tort-law Appeal of Order granting Defendant - Appellees ' Motions to Dismiss & for Sanctions, and Judgment dismissing all claims on May 6, 2021 (5-6-21), by th…
21-7538 Clyde Otis Alston, Jr. v. United States Fourth Circuit 2022-04-05 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure due-process eighth-amendment sentencing (.CokeAkor4W Coutr-V foeAovo £rr«.A ia TVv-fiA^ feWP m^oa 4-V\<l SutsWvKcA^ lAAfeASoACNVic Se^VeAC^
21-7460 Eric Dean Smith v. United States Fourth Circuit 2022-03-24 Denied Response WaivedIFP 18-usc-3582 abuse-of-discretion compassionate-release criminal-procedure due-process sentencing 1. Did thE CouRts AbUsE it's DiscletiOw AftR Derying Me. SMith COMPASSIONATE RELEASEUNDER IBL. 13 AFER COUR CoNCudEd DEENdANt sAtisfiEd thE ExteoRdiNA…
21-7269 Joseph Peter Clarke v. United States Eleventh Circuit 2022-03-04 Denied Response WaivedIFP abuse-of-discretion covid-19 criminal-history downward-variance drug-offenses juvenile-offenses sentencing-factors sentencing-guidelines stash-house-robbery Issue 1: Whether the appellate court erred affirming the district court's abuse of discretion in overruling petitioner's objections to the PSI Report …
21-7215 Clayton Walker v. Freeman's Electric Service, Inc., et al. South Dakota 2022-02-25 Denied Response WaivedIFP 5th-amendment abuse-of-discretion constitutional-rights cross-examination disputable-facts due-process federal-statute medical-records subpoena witness-examination Under 45 CFR § 164.524 does the Petitioner get to have the Right to his own Medical Records after they are subpoena by the Petitioner, and when those …
21-7155 Binbing Xie v. Yan Fang Chen New York 2022-02-18 Denied IFP 14th-amendment abuse-of-discretion amendment-xiv civil-procedure constitutional-law constitutional-rights due-process equal-protection judicial-procedure trial-court-discretion Whether the trial court abused its discretion by violating the Due Process and Equal Protection of United States Constitution, Amendment XIV to procee…
21-1115 In Re Wanda Bowling 2022-02-11 Denied abuse-of-discretion appellate-court appellate-procedure civil-procedure court-mandate due-process fifth-circuit judicial-review jurisdiction mandamus petition-for-review Is the Fifth Circuit Court of Appeal's deliberate refusal to adjudicate appealed issues, willfully denying a second request, a failure to execute its …
21-7054 Ervin Walker, Jr. v. United States Eleventh Circuit 2022-02-03 Denied Response WaivedIFP 18-usc-3553 18-usc-3582 abuse-of-discretion compassionate-release criminal-procedure district-court-discretion sentencing-factors sentencing-guidelines sentencing-reduction ussg-1b1.13 Whether the District Court abused its discretion when it denied Petitioner's Motion for Compassionate Release under 18 USC § 3582 (c)(1)(A), after it …
21-7016 Tony Gonzalez v. Rhode Island Rhode Island 2022-02-01 Denied Response WaivedIFP abuse-of-discretion brady-violation cellphone-search criminal-procedure due-process fourth-amendment jury-selection jury-venire motion-to-suppress sixth-amendment standing Did the trial Justice err, when the Jury Venire challenge, had been inappropriately addressed, concerning a proper sixth Amendment challenge? And Tria…
21-6992 Michael Rocky Lane v. United States Ninth Circuit 2022-01-27 Denied Response WaivedIFP abuse-of-discretion appellate-review compassionate-release criminal-justice criminal-procedure due-process federal-sentencing ninth-circuit sentencing summary-affirmance I. Whether The Denial Of Michael Lane's Motion For Compassionate Release Was An Abuse Of Discretion? II. Whether the Ninth Circuit's Summary Affirman…
21-6940 Ferney Salas Torres v. United States Second Circuit 2022-01-21 Denied Response WaivedIFP abuse-of-discretion criminal-appeal criminal-procedure district-court-discretion minor-role-adjustment pilot-enhancement plea-agreement procedural-reasonableness second-circuit sentencing sentencing-guidelines 1. A writ of certiorari is requested to determine whether the Second Circuit Court of Appeals erred in affirming Ferney Salas Torres' judgment of conv…
21-6910 Juan Manuel Cruzado-Laureano v. W. Stephen Muldrow First Circuit 2022-01-20 Denied Response WaivedRelisted (2)IFP abuse-of-discretion attorney-for-government attorney-for-the-government criminal-procedure federal-criminal-procedure grand-jury grand-jury-procedure indictment indictment-validity judicial-discretion mandamus mandamus-petition 1- An Indictment whose "True Bill" is only signed by the US District Attorney to arrest and criminally prosecute an accused is valid, even when the si…
21-6863 Nesly Loute v. United States Eleventh Circuit 2022-01-14 Denied Response WaivedIFP abuse-of-discretion appellate-review certificate-of-appealability district-court evidentiary-hearing habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel remand section-2255 Whether the Eleventh Circuit's denial of a certificate of appealability, where the district court erred or alternatively abused its discretion by deny…
21-6803 Javier Rosales v. United States Fifth Circuit 2022-01-10 Denied Response WaivedIFP abuse-of-discretion amendment-782 discretion drug-conspiracy due-process fifth-amendment opportunity-to-be-heard retroactive-amendment sentence-reduction sentencing sentencing-guidelines 1. Whether the Fifth Circuit erred in deciding that the District Court's order denying relief under 18 U.S.C. § 3582(c)(2) did not comprise an abuse o…
21-6716 Fernando Romero v. Neil McDowell, Warden Ninth Circuit 2021-12-23 Denied Response WaivedIFP abuse-of-discretion counsel-appointment district-court-discretion expert-opinion ineffective-assistance investigation pro-se right-to-counsel state-court-claim Whether the district court abused its discretion by denying petitioner's motion to appoint counsel when petitioner presented a substantial claim of in…
21-6704 Jose D. Drew v. United States Eighth Circuit 2021-12-22 Denied Response WaivedIFP abuse-of-discretion evidence-admissibility federal-rules-of-evidence jury-inference material-element prior-convictions rule-404(b) rule-404b Whether the abuse of discretion review of the introduction of multiple prior convictions as rule 404(b) evidence requires the government to offer some…
21-6694 Lawrence S. Brantley, Jr. v. Texas Department of Family and Protective Services Texas 2021-12-22 Denied Relisted (2)IFP abuse-of-discretion clear-and-convincing Colorado-v-New-Mexico due-process evidence-standard legal-precedent parental-rights trial-court-discretion witness-testimony 1. Did trial court abuse its discretion by allowing witness with no firsthand knowledge of the case to testify, which conflict with the decision in Oa…
21-6666 Jabari J. Johnson v. James Johnson, et al. Tenth Circuit 2021-12-21 Denied IFP abuse-of-discretion appellate-review civil-procedure civil-rights constitutional-challenge court-of-appeals district-court due-process legal-review military-service standing supreme-court The OCR text provided is too degraded and illegible to accurately extract the "Question(s) Presented" section. While a "QUESTION(S) PRESENTED" header …
21-6652 Salatheo Fluid v. United States Fourth Circuit 2021-12-17 Denied Response WaivedIFP abuse-of-discretion attorney-representation criminal-procedure district-court federal-criminal-procedure federal-rules-of-criminal-procedure judicial-discretion jurisdiction legal-standing motion-for-new-trial WHETHER THE LOWER COURTS ABUSED THEIR RESPECTIVE DISCRETION BY DISMISSING PETITIONER'S MOTION FOR A NEW TRIAL (Fed.R.Crira.P. 33(b)), BASED ON A MOTIO…
21-6663 Asher Abid Khan v. United States Fifth Circuit 2021-12-17 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure district-court due-process judicial-deference remand sentencing Did the Court of Appeals fail to accord due deference to the district court's reasons for reimposing the same sentence after remand?
21-6598 Glen Plourde v. Northern Light Acadia Hospital, et al. First Circuit 2021-12-15 Dismissed Relisted (2)IFP abuse-of-discretion civil-procedure civil-rights constitutional-violations due-process procedural-dismissal standing state-actors torture-allegations 1. "Does the Fact that the Courts ' Decision conflicts with Law mean that the Federal Courts have abused their discretion? " The Petitioner argues it…
21-6566 Steven Craig Bethea v. United States Fourth Circuit 2021-12-09 Denied Response WaivedIFP abuse-of-discretion constitutional-review criminal-sentencing discretion eighth-amendment judicial-abuse sentencing sentencing-discretion substantive-reasonableness upward-variance WHETHER THE DISTRICT COURT ERRED IN SENTENCING THE APPELLANT STEVEN BETHEA TO A GREATER SENTENCE THAN NECESSARY AS THE COURT ABUSED ITS DISCRETION BY …
21-6506 E'Mario C. Allen v. Joseph Noeth, Superintendent, Attica Correctional Facility Second Circuit 2021-12-03 Denied IFP abuse-of-discretion batson-challenge batson-issue constitutional-interpretation federal-habeas federal-habeas-court federal-law habeas-corpus judicial-discretion state-court supreme-court-review Whether the Habeas Court proceeding and asjudication of the claim regarding a Batson issue did not result in a decision that was contrary to, or invo…
21-6431 Vegas D. Smith v. United States Fourth Circuit 2021-11-29 Denied IFP abuse-of-discretion appeals appellate-review career-offender criminal-procedure explanation judicial-discretion procedural-error record sentencing sentencing-modification statutory-interpretation Did the Court of Appeals for the Fourth Circuit commit error when it affirmed the District Court's decision to deny petitioner's motion filed under 18…
21-6335 Chi Mak v. United States Ninth Circuit 2021-11-18 Denied Response WaivedIFP 18-usc-3582 abuse-of-discretion compassionate-release criminal-procedure judicial-review sentencing sentencing-discretion sentencing-factors statutory-factors statutory-interpretation Whether the district court abused its direction and acted unreasonably in denying Mak's motion for compassionate release under 18 U.S.C. §3582(c), by …
21-6213 Rosemary I. Mergenthaler v. R. Kenneth Barnard Third Circuit 2021-11-09 Denied IFP abuse-of-discretion bankruptcy bankruptcy-appeal civil-procedure constitutional-rights court-jurisdiction due-process judicial-misconduct justice legal-authority Did the United States Court of Appeals for the Third Circuit (USCA3 hereafter) criminally abuse and/or exceed its legal authority when the Court had w…
21-6220 Jehoni Kierre Williams v. United States Fifth Circuit 2021-11-09 Denied IFP 2255-motion abuse-of-discretion amendment civil-procedure direct-appeal district-court-discretion evidentiary-hearing federal-rules-of-civil-procedure ineffective-assistance-of-counsel notice-of-appeal Whether the District Court denying petitioner's request to Amend is in conflict with The Federal Rules of Civil Procedure Rule 15? 2) Whether the Dis…
21-6184 Mark Bitzan v. Chris Tripp, Warden, et al. Eighth Circuit 2021-11-04 Denied Response WaivedIFP abuse-of-discretion appellate-review court-discretion court-procedure due-process equal-protection federal-courts habeas-corpus ineffective-counsel petition-for-rehearing I. Where the U.S. Court of Appeals for the Eight Circuit (Eighth Circuit) granted permission to file an overlength Petition for Rehearing and then den…
21-6185 Rodney Smith v. United States Third Circuit 2021-11-04 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-sentencing district-court district-court-discretion downward-departure judicial-discretion sentencing-guidelines 1. Was the District Court's decision not to depart downward appropriate?
21-6169 Donald Stephen Yaag v. Renee Baker, Warden, et al. Ninth Circuit 2021-11-03 Denied Relisted (2)IFP abuse-of-discretion civil-rights due-process evidentiary-hearing ineffective-assistance-of-counsel public-defender 1) Whether Material exculpatory evidence against Petitioner his in LA California Prison at the time those allegations were lodged against him reflects…
21-6126 Jason A. Tobey v. United States Ninth Circuit 2021-10-29 Denied Response WaivedIFP abuse-of-discretion criminal-procedure ineffective-assistance judicial-discretion pretrial-hearing right-to-counsel sixth-amendment trial-continuance 1. When indisputable evidence shows a federal criminal defendant's retained counsel has abandoned him at a key pretrial hearing and is not prepared fo…
21-6094 Jabari J. Johnson v. Lewis T. Babcock, Senior Judge, United States District Court for the District of Colorado Tenth Circuit 2021-10-27 Denied IFP abuse-of-discretion civil-procedure due-process frcp-12(c) motion-to-dismiss standing 1. Plamtiff ask the supreme Court did the distrnt Court abise their deseretiin regarding Issve A ? or was the Distrit Court Ciearly Erroneous? 2. Pla…
21-5973 Jesus Lopez-Mejia v. United States Fifth Circuit 2021-10-14 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-law criminal-procedure due-process judicial-discretion sentencing sentencing-guidelines substantive-reasonableness I. Whether Petitioner's sentence was substantively unreasonable?
21-5933 Kevin Deon Loggins, Sr. v. Kansas Kansas 2021-10-12 Denied IFP 14th-amendment abuse-of-discretion constitutional-rights due-process equal-protection sentencing speedy-trial WHETHER THE KANSAS STATE COURT FINDING THAT PETITIONER SENT ENCE IS NOT AN ILLEGAL SENTENCE, A ABUSE OF DISCRETION REPUGNANT TO THE DUE PROCESS CLAU…
21-5935 Alex Adams v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-10-08 Denied IFP abuse-of-discretion access-to-courts civil-rights constitutional-rights due-process exhaustion-of-remedies habeas-corpus judicial-interpretation post-conviction-relief prisoner-rights unnecessary-litigation 1. Does not the law say anything the Jury did not hear is Now Evidence ? 2. Is the Court abusins there decreation by issuiny denied order on Clian? …
21-508 In Re William J. French, et al. 2021-10-06 Denied abuse-of-discretion class-certification contract-law district-court-discretion economic-discrimination insurance-discrimination long-term-care-insurance qualified-long-term-care-insurance summary-judgment tax-benefits In 1996 Congress enacted Internal Revenue Code ("Code") Subchapter C—Long-Term Care Services and Contracts, which entitles purchasers of Qualified Lon…
21-5782 Cenobio Humberto Herrera, Sr., aka Bert Herrera, aka Cenobio Herrera Lanz, aka Cenobio Humberto Lanz v. United States Ninth Circuit 2021-09-24 Denied Response WaivedIFP abuse-of-discretion criminal-procedure custodial-status district-court methamphetamine methamphetamine-production ninth-circuit pseudoephedrine section-3553a sentencing sentencing-discretion 1. Did the Ninth Circuit err in failing to vacate the district court's order because the court based its analysis on two clearly erroneous facts—the a…
21-5757 Calvin Tinsley v. United States District of Columbia 2021-09-23 Denied Response WaivedIFP 42-usc-1983 abuse-of-discretion civil-rights denial district-court due-process Question not identified.
21-5773 Alex Baah v. AT&T Inc., et al. Ninth Circuit 2021-09-23 Denied IFP abuse-of-discretion alternative-dispute-resolution civil-procedure district-court district-court-discretion motion-for-reconsideration ninth-circuit ninth-circuit-review procedural-rules reconsideration timely-response untimely-response (1) Did the Ninth Circuit Court and the District Court completely overlooked a clear procedural rule proving that the respondents filed an untimely re…
21-411 Damon B. Cook v. Brian Cates, Warden Ninth Circuit 2021-09-15 Denied Response WaivedRelisted (2) abuse-of-discretion civil-procedure constitutional-rights district-court due-process habeas-corpus insufficient-evidence judicial-discretion motion-to-reconsider rule-60b standing 1. WhetheR The PetitioNeR DAMON Cook HAS MAde A SubStantiaL Showing Of The DeNial Of A ConStitutioNAL RighT PursuanT TO 28 USC 2253(C)(2) IN ORdeR To …
21-5666 William Marcellus Campbell v. United States Eighth Circuit 2021-09-15 Denied IFP 6th-amendment abuse-of-discretion appellate-review confrontation-clause cooperating-witness criminal-procedure de-novo-review sentencing 1. There is a split in the federal courts of appeals and several state courts regarding the following question: Whether a Defendant's 6th Amendment Co…
21-5667 David Lockmiller v. United States, et al. Ninth Circuit 2021-09-15 Denied Response WaivedRelisted (2)IFP abuse-of-discretion ashcroft-v-iqbal civil-rights constitutional-rights contingency-fee due-process federal-tort-claims-act first-amendment free-speech government-redress petition-clause Given the fact that the Constitution of the United States, Amendment I reads in pertinent part that "Congress shall make no law . . . abridging . . . …
21-5688 Larry Donnell Dunlap v. Corizon Health, Inc. Ninth Circuit 2021-09-15 Denied IFP abuse-of-discretion appellate-review civil-procedure disputed-facts facts-unavailable judicial-interpretation legal-standard motion-procedure petitioner respondents summary-judgment Did the trial Court Judge of the rs wiVPi facts Were Omto/MZ to PHhner in order to ckfe fa the (\-esfordents MobiM fbrS)mmary J\jdf Mart accurst him f
21-5603 Alphonse Gainer v. United States Eleventh Circuit 2021-09-08 Denied Response WaivedIFP abuse-of-discretion appeal appellate-discretion criminal-justice criminal-sentencing eleventh-circuit first-step-act motion-for-reconsideration motion-reconsideration sentence-reduction sentencing Whether the United States Court of Appeals for the Eleventh Circuit abused its discretion in denying Gainer's Motion for Reconsideration of Denial of …
21-5624 Ryan Scott Kibble v. United States Fourth Circuit 2021-09-08 Denied Response WaivedIFP 18-usc-3582 abuse-of-discretion chronic-health-conditions chronic-health-issues compassionate-release district-court-discretion global-pandemic incarceration pandemic-incarceration sentencing-modification Whether a district court abuses its discretion by refusing to grant compassionate relief to defendant under 18 U.S.C. § 3582 (c)(1)(A)(i) where that d…
21-353 Ethan Hoggatt, et al. v. Allstate Insurance, et al. Fifth Circuit 2021-09-07 Denied Response Waived abuse-of-discretion fair-credit-reporting-act first-amendment insurance-fraud mississippi-unfair-and-deceptive-trade-practices-a negligence-per-se petition-clause right-to-petition Petitioners, the Hoggats, filed criminal fraud charges with the Mississippi Attorney General against Allstate a month prior to filing of this civil ac…
21-5557 Chasmind David Miller v. Government Employees Insurance Company, et al. Ninth Circuit 2021-09-01 Denied Response WaivedRelisted (2)IFP abuse-of-discretion appellate-review civil-procedure civil-rights conflict-of-interest court-conflict due-process judicial-discretion procedural-due-process standing summary-judgment 1)Did the appellate court issue a decision that directly conflicted with an earlier decision in a case with the same issues. 2)Did the appellate cour…
21-307 Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. v. John J. Shufeldt Sixth Circuit 2021-08-31 Denied Response Waived abuse-of-discretion circuit-split federal-common-law inconsistent-position judicial-estoppel preliminary-motion standard-of-review 1. Whether a prior court's denial of a preliminary motion based on a litigant's prior inconsistent position constitutes judicial acceptance of that po…
21-5453 Charles J. Senke v. United States Third Circuit 2021-08-24 Denied Response WaivedIFP abuse-of-discretion circuit-split collateral-review criminal-procedure direct-appeal ineffective-assistance ineffective-assistance-of-counsel right-to-counsel strickland-standard substitution-of-counsel The Third Circuit panel majority, deepening a n acknowledged and entrenched circuit split, ruled that the district court's failure to inquire into Sen…
21-5350 Bobby Earl Keys v. United States Fifth Circuit 2021-08-12 Denied Response WaivedIFP abuse-of-discretion appellate-review compassionate-release criminal-procedure district-court-discretion due-process prisoner-release sentencing sentencing-factors standard-of-review statutory-interpretation DID THE FIFTH CIRCUIT COURT OF APPEALS APPLIED THE WRONGED APPELLATE STANDARD OF REVIEW TO CLAIM THAT DISTRICT COURT COMMITTED STATUTORY ERROR UNDER 1…
21-5333 Michael E. Harris v. Anthony Akidi Ninth Circuit 2021-08-10 Denied Relisted (2)IFP abuse-of-discretion civil-procedure civil-rights court-of-appeals discretionary-dismissal jury-demand jury-trial personal-injury prima-facie 1. Did the United States court of appeals error and abuse its discretion, in dismissing the petitioner's prima facie personal injury, civil rights com…
21-5208 Samuel W. Wani v. George Fox University, et al. Ninth Circuit 2021-07-23 Denied Response WaivedIFP abuse-of-discretion causation discovery discovery-violation expert-testimony fair-trial insurance-policy medical-malpractice medical-records standard-of-care 1) Wani's failure to provide expert testimony regarding the standard of care and causation. I did provide expert testimony regarding the standard of c…
21-5126 Kevin Tyrell Beach v. Florida Florida 2021-07-16 Denied Response WaivedIFP abuse-of-discretion constitutional-rights double-jeopardy due-process irreparable-harm mistrial pro-se pro-se-defendant right-to-counsel sanctions Does it constitute "bad faith conduct " of "abuse of discretion ' when a judge denies a defendant 's numerous pre-trial requests for "stand-by " couns…
21-5084 Donald H. Kimball v. Altoona Police Department, et al. Eighth Circuit 2021-07-13 Denied Response WaivedIFP 2nd-amendment abuse-of-discretion civil-rights constitutional-rights due-process party-presentation second-amendment section-1983 1) The Supreme Court recently upheld a ruling unanimously holding that the Ninth Circuit "departed so drastically from the principle of party presenta…
21-5070 Calvin Bernhardt v. United States Eighth Circuit 2021-07-09 Denied Response WaivedIFP abuse-of-discretion certificate-of-appealability district-court-error eighth-circuit ineffective-assistance motion-to-vacate prima-facie prosecutorial-misconduct Whether the Eight Circuit's denial of a certificate of appealability, where the district court erred or alternatively abused its discretion in denying…
21-5011 Anthony Farmer v. United States First Circuit 2021-07-06 Denied Response WaivedIFP 18-usc-3553 abuse-of-discretion criminal-justice criminal-law federal-sentencing judicial-discretion public-confidence racial-disparities racial-disparity sentencing sentencing-guidelines statutory-interpretation Whether, under 18 U.S.C. § 3553(a)(6), a district court can or should consider the need to avoid unwarranted racial disparities in sentencing among de…
21-5009 Eddie Tarver v. Maryland Maryland 2021-07-02 Denied Response WaivedIFP abuse-of-discretion appellate-review authentication cell-phone-evidence civil-procedure evidence evidence-authentication harmless-error judicial-discretion photographic-evidence 1. Whether the Court of Special Appeals abused its discretion by deciding that the Circuit Court's error, admitting in evidence certain pictures from …
20-8347 Terron McAllister v. United States Fourth Circuit 2021-06-17 Denied Response WaivedIFP abuse-of-discretion criminal-resentencing discretion first-step-act guidelines guidelines-range judicial-discretion resentencing sentence-reduction sentencing sentencing-discretion Whether a District Court adjudicating a motion for a reduced sentence under the First Step Act abuses its discretion when a defendant would have a sig…
20-8338 Mark Woods v. United States District Court for the Eastern District of Pennsylvania Third Circuit 2021-06-16 Denied Response WaivedIFP abuse-of-discretion appellate-jurisdiction appellate-review civil-procedure court-of-appeals district-court due-process final-judgment jurisdiction mandamus writ-of-procedencia i. V\Jhe4her tee united S-tetes Cour-f of Appels -for tee, Third c4rouH- obused i-fs d'i-screpon In denning Pe4igoner 's Vvlrrt of pr&eecVencio ed 3…
20-8281 Dominic Franza v. James Stinson, Superintendent, Great Meadow Correctional Facility Second Circuit 2021-06-14 Denied Response WaivedIFP abuse-of-discretion appellate-procedure appellate-review civil-procedure discretion judicial-procedure legal-precedent mandate-recall recall-of-mandate second-circuit Was it an abuse of discretion for the Second Circuit to deny Petitioner's Recall of the Mandate motion when the Second Circuit's very own decisions re…
20-1638 Emmanuel Edokobi v. Paul W. Grimm, Judge, United States District Court for the District of Maryland Fourth Circuit 2021-05-25 Denied Response Waived abuse-of-discretion civil-procedure civil-rights due-process fourth-circuit judicial-discretion judicial-misconduct letter-order pre-filing-injunction standing When Reviewing a District Court's ruling to dismiss a civil case against Respondent Judge Paul W. Grimm should the Court of Appeals dishonor its own U…
20-8134 Erik Jimenez v. Texas Texas 2021-05-25 Denied Relisted (2)IFP 404(b)-exception abuse-of-discretion criminal-procedure evidence-admissibility evidentiary-ruling later-date texas-rule-of-evidence-404(b) texas-rules-of-evidence trial-court trial-procedure 1) Whether the trial court admissability of evidence of a later date and not for what defendant was on trial was an abuse of discretion under Texas ru…
20-8098 Mohammad Sohail Saleem v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2021-05-24 Denied IFP abuse-of-discretion appellate-review bias civil-rights constitutional-rights due-process judicial-bias partiality petition-for-rehearing prejudice Did the United States Court of Appeals, for the Third District err in denying Mr. Saleem's Petition for Re-Hearing, when such an abuse of discretion w…
20-8041 Douglas E. Kampfer v. Richard Argotsinger, et al. Second Circuit 2021-05-17 Denied Response WaivedIFP abuse-of-discretion civil-rights constitutional-rights due-process oath-of-office pro-se pro-se-plaintiff property-interest 1.) Is a OATH OF OFFICE a valid Contract under the Laws and Rules of this United States and the Constitution??? 2.) Does the taking of a OATH OF OFF…
20-7937 Isaac Lee Loggins, Jr. v. United States Eighth Circuit 2021-05-05 Denied Response WaivedIFP abuse-of-discretion civil-procedure civil-rights due-process ineffective-assistance-of-counsel standing I. How DETERMINE IF A PERSON OR THEIR 2 CIRCUMSTANCES ARE EXTRAORDINART AND COMPELLING I. DID THE LOWER COURTS AND HIS ASSIGNED COUNSEL LOGGINS PREJU…
20-7888 James Arthur Ross v. Steven Shelton, et al. Ninth Circuit 2021-04-29 Denied Response WaivedIFP abuse-of-discretion appointment-of-counsel civil-procedure civil-rights due-process judicial-discretion medical-treatment pro-se-litigant procedural-fairness standing summary-judgment 1. Did the District Court abuse it's discretion by refusing to even request the appointment of counsel in this case? 2. Was the District Court wrong…
20-7842 Eliu Elixander Lorenzana-Cordon v. United States District of Columbia 2021-04-26 Denied Response WaivedIFP abuse-of-discretion district-court-procedure due-process extradition extradition-notice international-law judicial-discretion jurisdiction motion-for-new-trial notice treaties treaty-violation Did the District Court abuse it's discretion by denying the motion for a new trial without taking into consideration that the document of extradition …
20-7795 Antwan Lamar Hutchinson v. United States Sixth Circuit 2021-04-19 Denied Response WaivedRelisted (2)IFP abuse-of-discretion appellate-procedure competency competency-hearing criminal-procedure drope-standard due-process mental-health procedural-review sixth-circuit standard-of-review 1) Should the Court reverse the Sixth Circuit's modified version of the three-factor legal test in Drope v. Missouri, because it adds a fourth factor,…
20-1451 Tracy Nixon v. General Motors Corporation Federal Circuit 2021-04-16 Rehearing Relisted (2) abuse-of-discretion civil-procedure due-process evidence judicial-review standing I. Whether The U.S. District Court Swolge Commit Ay Ercoe IN Decision adopting the U.S. Magistrate Sudees ocdec signed on June i, HORO Petitioner Subo…
20-7773 Ganiyu Ayinla Jaiyeola v. Toyota Motor Corporation, et al. Sixth Circuit 2021-04-16 Denied Response WaivedIFP abuse-of-discretion circuit-split civil-procedure daubert-standard discovery-deadline expert-report inter-circuit-split intra-circuit-split motion-procedure sanction-standard sanctions Whether the United States Court of Appeals for the Sixth Circuit created an 1. intra-circuit and inter-circuit split by wrongly deciding that the Dist…
20-7650 In Re Bo Zou 2021-04-02 Denied IFP abuse-of-discretion contempt copyright-infringement judicial-discretion judicial-disqualification judicial-ethics judicial-misconduct liljeberg-standard magistrate-disqualification perjury procedural-irregularity 1. How did the United States Court of Appeals for the Tenth Circuit disregard and ignore the facts and factual evidence, and prohibition criteria, whi…
20-7652 Lawrence L. Colton v. J. A. Terris, Warden Sixth Circuit 2021-04-02 Denied Response WaivedIFP abuse-of-discretion appellate-review civil-procedure district-court due-process habeas-corpus interests-of-justice procedural-validity sixth-circuit writ-of-certiorari Whether the Order of the United States Court of Appeals for the Sixth Circuit is procedurally invalid because the Panel failed to consider, and overlo…
20-1345 Keith Arnold v. City of Auburn, Washington Washington 2021-03-24 Denied abuse-of-authority abuse-of-discretion administrative-law appellate-review civil-rights due-process judicial-discretion municipal-harassment parking-regulation parking-ticket Has the City of Auburn committed harassment under the cover of abuse of a position of authority against petitioner by giving petitioner a parking tick…
20-7458 Promila Rajput v. Tiffany Terrell, et al. Virginia 2021-03-16 Denied Response WaivedIFP abuse-of-discretion civil-procedure civil-rights court-misconduct due-process injunctive-order judicial-discretion misconduct procedural-abuse secured-rights standing witness-tampering If the system does not provide adequate measures to address culpability, the injunctive rulings as to why; how: 'when entered ' manifest improper purp…
20-1256 Malcolm A. French v. United States First Circuit 2021-03-10 Denied Response Waived abuse-of-discretion appellate-review criminal-procedure impartial-jury juror-bias juror-mendacity mcdonongh-test right-to-jury standard-of-review structural-error The first time this case was before the First Circuit, it remanded for further proceedings on French's motion for a new trial made after information s…
20-7216 Antwan Seawood v. United States Eighth Circuit 2021-02-24 Denied Response WaivedIFP abuse-of-discretion criminal-procedure criminal-sentencing dismissed-charges fifth-amendment sentencing sentencing-discretion sixth-amendment Did the District Court abuse its discretion and violate Appellant's Fifth and Sixth Amendment rights by sentencing him to a term of 240 months based u…
20-1156 Alan H. Olefsky v. Illinois Department of Financial and Professional Regulation, et al. Illinois 2021-02-23 Denied Response WaivedRelisted (2) abuse-of-discretion administrative-discretion administrative-law agency-review disciplinary-action due-process medical-license medical-license-suspension mitigating-circumstances past-discipline 1. Whether the IDFPR's Final Order indefinitely suspending Petitioner's medical license for two years pursuant to the first order on remand, or one ye…
20-7034 Kelli Renee Bullard v. United States Fifth Circuit 2021-02-04 Denied Response WaivedIFP abuse-of-discretion criminal-procedure criminal-sentencing defendant-rehabilitation district-court-discretion due-process judicial-review rehabilitation sentencing sentencing-reasonableness statutory-maximum Did the district court impose a substantively unreasonable sentence of 60 months imprisonment —the statutory maximum—when it did so with a blind eye t…
20-7015 Sabina Leigh Burton v. Board of Regents of the University of Wisconsin System, et al. Seventh Circuit 2021-02-02 Denied IFP abuse-of-discretion civil-procedure discovery-violations fraud-on-court fraud-on-the-court judicial-discretion rule-37 rule-60(b)(6) rule-60b speedy-trial-act 1. Whether discovery violations can constitute the type of extraordinary circumstances which would justify relief on the basis of fraud on the court, …
20-6991 Edwin Jurado-Nazario v. United States First Circuit 2021-02-01 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure due-process first-circuit judicial-discretion reasonableness reasonableness-review sentencing Whether The Sentence Imposed is Unreasonable.
20-1020 Donald Chimaobi Okoro v. Texas Texas 2021-01-28 Denied Response Waived abuse-of-discretion appellate-review due-process fact-finding findings-of-fact judicial-review legal-contradiction procedural-error standard-of-review trial-court trial-court-findings Does an Appellate Court fail to provide meaningful appellate review when it adopts a Trial Court's findings of fact when those findings contradict the…
20-6895 Raheem Jefferson Brennerman v. United States Second Circuit 2021-01-15 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-defendant criminal-procedure due-process judicial-discretion judicial-review liberty second-circuit trial-court Whether the abuse of discretion standard imposed by the United States Court of Appeals for the Second Circuit is Constitutionally impermissible - wher…
20-6844 Jose Angel Torres v. United States Fifth Circuit 2021-01-12 Denied Response WaivedIFP abuse-of-discretion fair-trial federal-rules-of-evidence hearsay rule-of-completeness video-evidence Is a Defendant denied a Fair Trial when a District Court Finds that additional video evidence is admissible under the Rule of Completeness to prevent …
20-904 Deborah Holter v. City of Mandan, North Dakota North Dakota 2021-01-05 Denied abuse-of-discretion due-process fourteenth-amendment governmental-action judicial-discretion property-rights special-assessment special-assessments takings village-of-norwood-v-baker 1. By paying a nominal portion of the total costs of an improvement for which the remaining costs will be specially assessed against private propertie…
20-6750 In Re Mark Marvin 2020-12-31 Denied Response WaivedIFP abuse-of-discretion access-to-court civil-rights due-process equitable-relief property-rights A, WHETHER MARK MARVIN SHOULD RECEIVE THE REMAINS AND PROPERTY OF HIS WIFE MARJORIE MARVIN FROM THE DEFENDANT BUREAU OF PRISONS? B, WHETHER THE FIFTH…
20-6724 Kaseem Alexander v. United States Eleventh Circuit 2020-12-30 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment abuse-of-discretion civil-rights criminal-procedure downward-variance due-process gun-range property-rights search-and-seizure sentencing-guidelines standing target-shooting Issue 1: Whether the appellate court erred in affirming the District Court's abuse of discretion in overruling petitioner's objection to the Presenten…
20-6638 Raheem Jefferson Brennerman, aka Jefferson R. Brennerman, aka Ayodeji Soetan v. United States Second Circuit 2020-12-16 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-defendant criminal-procedure due-process judicial-discretion judicial-review liberty second-circuit trial-court Whether the abuse of discretion standard imposed by the United States Court of Appeals for the Second Circuit is Constitutionally impermissible - wher…
20-6556 Harvey Bass v. United States Eleventh Circuit 2020-12-08 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-sentencing due-process federal-sentencing-guidelines statutory-interpretation WHETHER CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT AFFIRMED BASS' SENTENCE WHERE BASS' SENTENCE WAS UNREASONABLE IN LIGHT OF THE S…
20-6510 Lawrence W. Ford v. Anita L. Budde Nevada 2020-12-02 Denied Response WaivedRelisted (2)IFP abuse-of-discretion appellate-review due-process judicial-discretion judicial-integrity judicial-review plain-error pro-se In United States v. Olano, this Court held that, under the fourth prong of plain error review, "[t]he Court of Appeals should correct a plain forfeite…
20-6471 Israel Washington v. United States Ninth Circuit 2020-12-01 Denied Response WaivedIFP abuse-of-discretion civil-procedure court-standard due-process judicial-discretion legal-standard standard-of-review testimony-readback trial-procedure WHETHER CERTIORARI SHOULD BE GRANTED CONCERNING THE DISTRICT COURT'S APPLICATION OF THE ABUSE OF DISCRETION STANDARD IN RELATION TO THE DENIAL OF A RE…
20-745 Ismael Lechuga v. United States Fifth Circuit 2020-12-01 Denied Response RequestedResponse WaivedRelisted (2) abuse-of-discretion circuit-split due-process federal-procedure fifth-circuit impartiality judicial-impartiality judicial-recusal sentencing sentencing-procedure standard-of-review I. Whether a federal circuit court reviews the denial of a motion to recuse a district judge under 28 U.S.C. § 455(a) de novo or for an abuse of discr…
20-6437 Tommy Pena v. United States Tenth Circuit 2020-11-25 Denied Response WaivedIFP abuse-of-discretion appellate-review circuit-split criminal-sentencing reasonableness reasonableness-standard sentencing-guidelines sentencing-review upward-variance Mr. Peña's 360-month sentence was an upward variance of 222 months, or 160%, from the high end of the total advisory guideline range of 123-138 months…
20-6417 Edwin Omar Almonte-Nunez v. United States First Circuit 2020-11-24 Denied Response WaivedIFP 18-usc-2112 abuse-of-discretion counsel-substitution crime-of-violence double-jeopardy due-process party-presentation resentencing sentencing-review Did the district court adequately vet Mr. Almonte-Nuñez's dissatisfaction with his counsel? Was the denial of his request for substitution an abuse of…
20-6406 Jeffrey Neal Cuddington v. United States Fifth Circuit 2020-11-23 Denied Response WaivedIFP abuse-of-discretion appellate-review circuit-split history-and-characteristics preservation-of-error procedural-reasonableness sentencing sentencing-procedure substantive-reasonableness I. In Holguin-Hernandez v. United States, this Court reserved whether a formal objection at the time of sentencing is required to preserve abuseof-dis…
20-6384 Owen McCants v. Steven Silva First Circuit 2020-11-19 Denied IFP abuse-of-discretion appeals criminal-procedure due-process evidence-sufficiency federal-law-violation ineffective-counsel judicial-discretion judicial-review pretrial-procedure prosecutorial-misconduct standard-of-review #1 : WHETHER THE TRIAL COURT, APPEALS COURT, AND SUPREME JUDICIAL COURT ABUSED THEIR DISCRETION? #2: WHETHER THE EXCLUSION OF THE DEFENDANT FROM TH…
20-650 Stadtwerke Frankfurt am Main Holding GmbH v. RWE Trading Americas Inc. Second Circuit 2020-11-13 Denied Response Waived abuse-of-discretion civil-procedure corporate-control discovery discovery-compliance document-search evidence-sufficiency judicial-discretion possession-custody-control reasonable-search subpoena subpoena-standard 1. The district court quashed a subpoena after concluding that the subpoena's target conducted a reasonable search and did not have any responsive doc…
20-665 Damon B. Cook v. George M. Galaza, Warden Ninth Circuit 2020-11-13 Denied abuse-of-discretion civil-rights cruel-and-unusual-punishment due-process felony-murder habeas-corpus ineffective-assistance-of-counsel reasonable-doubt rule-60(b)(6) sentencing 1.) WhetheR The PetitioNeR DAMON COOk Has Made of A Substantial Showing The DeNial ConstitutioNAL RighT 28 USC 2253(C)(2) IN order To ObtaiN A CertiFi…
20-6278 Bodhisattva Skandha v. Gloriann Moroney Massachusetts 2020-11-12 Denied IFP abuse-of-discretion application-of-law attorney-general civil-procedure claim court-discretion facts false-statements fraud jurisdiction legal-procedure official-document parole-board representation standing supreme-court tort tort-claim Whether making false statements in an official doc Whether the defendant is allowed to represent the Whether the respondent was required to apply the l Issue #1: WHETHER THE LOWER COURT ABUSED ITS DISCRETION BY NOT ALLOWING THE TORT CLAIM TO GO FORWARD? Issue #2: WHETHER MAKING FALSE STATEMENTS IN AN…
20-616 Stephen Durr v. Department of the Army, et al. District of Columbia 2020-11-09 Denied Response Waived abuse-of-discretion appellate-review civil-procedure constitutional-law due-process judicial-review legal-interpretation motion-to-vacate procedural-rights standing statute-claim statutory-interpretation Question not identified.
20-6235 Mario Montano v. Court of Appeals of Michigan Michigan 2020-11-05 Denied Response WaivedIFP abuse-of-discretion access-to-courts court-sanctions due-process indigent-litigants indigent-rights judicial-abuse judicial-authority legal-merit procedural-fairness sanctions 1. Did the Michigan Supreme Court abuse its authority by sanctioning the indigent Petitioner $1000 payable to the Clerk of the Court that it knew he …
20-6238 Demon O'Neil Parker v. United States Fourth Circuit 2020-11-05 Denied Response WaivedIFP abuse-of-discretion cell-site-location-information constitutional-review criminal-sentencing first-step-act fourth-amendment fourth-amendment-violation reasonable-expectation-of-privacy rehabilitation search-and-seizure sentence-reduction standing Question not identified.
20-6119 In Re Nira Woods 2020-10-23 Denied IFP abuse-of-discretion amendment-violation civil-rights constitutional-rights court-reporter due-process equal-protection judicial-recusal recusal standing superior-court Three Orders by three Judges, at three different Superior Court branches in California, without hearing Petitioner (on 09/28/20, 09/30/20, 10/30/20), …
20-6124 Jose Maria Loaiza-Gaspar v. United States Fifth Circuit 2020-10-23 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure due-process guideline-sentence ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw reasonableness sentencing sentencing-guidelines My Sentence of LIFE imprisonment was imposed without the trial court addressing my non-frivolous argument for a lower sentence. On appeal, the Court o…
20-483 Artem Koshkalda v. Seiko Epson Corporation, et al. Ninth Circuit 2020-10-14 Denied abuse-of-discretion appellate-review case-termination civil-procedure district-court due-process federal-rules-civil-procedure legal-order ninth-circuit sanctions Did The United States District Court District of Nevada (hereinafter "NV Court ") err in its Report and Recommendation Order For Case Terminating Sanc…
20-5899 Bodhisattva Skandha v. William Bates Massachusetts 2020-10-05 Denied Response WaivedIFP abuse-of-discretion case-dismissal civil-procedure court-jurisdiction dismissal due-process judicial-procedure pure-land-buddhism religious-rights standing trial-court trial-court-discretion Whether The Trial Court Abused Its Discretion #1 : By Dismissing The Case? Whether The Defendant Denied The Plaintiff The #2: Right to Practice Pure …
20-5800 Robert L. Rose v. Lynn Guyer, Warden, et al. Ninth Circuit 2020-09-25 Denied Response WaivedIFP abuse-of-discretion appellate-review certificate-of-appealability discretionary-ruling federal-rules-civil-procedure federal-rules-of-civil-procedure habeas-corpus judicial-procedure reasonable-jurists rule-70(a) In order to appeal a final order in a habeas corpus proceeding, a state prisoner must obtain a certificate of appealability. See, 28 U.S.C. § 2253(c)(…
20-331 Donald J. Trump, President of the United States v. District of Columbia, et al. Fourth Circuit 2020-09-14 GVR Amici (2)Relisted (2) abuse-of-discretion district-court domestic-emoluments emoluments-clause foreign-emoluments interlocutory-appeal legal-error mandamus motion-to-dismiss presidential-immunity 1. Whether a writ of mandamus is appropriate because, contrary to the holding of the court of appeals, the district court's denial of the President's …
20-5657 Eric Bernard Scott v. United States District Court for the Southern District of Georgia Eleventh Circuit 2020-09-11 Denied IFP abuse-of-discretion appellate-review civil-procedure court-of-appeals due-process judicial-discretion jurisdiction legal-review mandamus procedural-error standing WHETHEN THE UNITED STATES COURT DF APPEALS ABUSED ITS DISCRETION BY FAILING TO RULE ON APPELLANH'S APPEAL WHICH WAS REMANIDED LUNOD SIHL 1A 2. WHETHE…
20-5561 Craig Edward Hunnicutt, Jr. v. United States Sixth Circuit 2020-09-03 Denied Response WaivedIFP abuse-of-discretion appellate-review discretion federal-sentencing first-step-act guidelines judicial-discretion motion-denial sentence-reduction sentencing 1. A First Step Act (FSA) sentence reduction denial should come only after a "complete review on the merits." Yet the Sixth Circuit held that it had n…
20-5497 Marcus Simpson v. Court of Common Pleas of Ohio, Hamilton County, et al. Ohio 2020-08-26 Dismissed Response WaivedRelisted (2)IFP abuse-of-discretion civil-rights criminal-procedure due-process judicial-usurpation mandamus perjury wrongful-conviction Whether perjury has amounted to and causes one or both. The judicial usurpation of power or abuse of discretion by the trial court, therefore mandamus…
20-5478 Fernando Hernandez v. United States First Circuit 2020-08-25 Denied Response WaivedIFP abuse-of-discretion criminal-procedure discretion domestic-violence drug-trafficking due-process sentencing sentencing-discretion Was Hernandez ' due process rights violated when the district court abused its discretion in relying on Hernandez ' domestic violence past in sentenc…
20-5474 Montez L. Clayton v. United States Eighth Circuit 2020-08-24 Denied Response WaivedIFP abuse-of-discretion constitutional-rights cruel-and-unusual-punishment due-process ineffective-assistance-of-counsel sentencing vWA Vo ^r\0 wcVW, yW -a^i c,r\^) A VvvsAors Vo fV\soAl V'L ViW| ' vs V^a-'^Y V\^ v *v*r Wen Ve%\wv<^ U^-W^ Wtve^C V V wAVa.T W 3oV- vAW^*£$*** **>•**"…
20-5439 Jesse Santibanez v. United States Fifth Circuit 2020-08-21 Denied Response WaivedIFP ABUSE-OF-DISCRETION CONFRONTATION-CLAUSE confrontation-right CRIMINAL-PROCEDURE CROSS-EXAMINATION district-court-discretion SIXTH-AMENDMENT WITNESS-CREDIBILITY witness-testimony Question not identified.
20-5361 Luis Torres-Marquez v. United States Ninth Circuit 2020-08-14 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-sentencing discretion gall-v-united-states judicial-discretion presumption-of-reasonableness sentencing-guidelines standard-of-review For purposes of applying the abuse of discretion standard and presumption of reasonableness on appellate review of a within guidelines sentence, does …
20-5340 Tanveer S. Majid v. Central Intelligence Agency Fourth Circuit 2020-08-12 Denied Response WaivedIFP abuse-of-discretion administrative-procedure agency-complaint civil-procedure civil-rights dismissal due-process federal-courts harassment-claim judicial-dismissal standing 1.) Are the Federal Courts abusing their dismissal powers? 2.) Are the Federal Courts ignoring Petitioner's Complaint?
20-5293 Stanley P. Bates v. United States Fifth Circuit 2020-08-06 Denied Response WaivedIFP abuse-of-discretion circuit-split criminal-sentencing position-of-trust position-of-trust-enhancement procedural-reasonableness sentencing-guidelines standard-of-review When reviewing the interpretation of the "position of trust" enhancement under Sentencing Guideline §3B1.3, does a court of appeals apply a de novo st…
20-5298 Rodney A. Smith v. Susan Barker, et al. Tenth Circuit 2020-08-06 Denied IFP abuse-of-discretion appellate-review civil-procedure court-of-appeals de-novo frivolous frivolous-complaint informa-pauperis judicial-discretion standard-of-review Whether dismissal of informa pauperis complaint as frivolous is properly reviewed for abuse of discretion and it wass error for court of appeals to re…
20-5199 Robert Lee Simms v. California California 2020-07-29 Denied IFP abuse-of-discretion civil-procedure civil-rights dismissal due-process standing Question not identified.
20-5167 Jean McIntosh v. United States Third Circuit 2020-07-24 Denied Response WaivedIFP abuse-of-discretion appellate-review civil-procedure due-process jurisdiction standing 1. Was the Court of Appeals decision to dismiss the appeal in error?
20-5128 Vernon Chapman v. United States Seventh Circuit 2020-07-21 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-procedure due-process evidentiary-hearing exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing-consequences Considered Copate if a attorney did not follo Is a investigation the advice of "Several experts advisig him on hou to get 1 definitive a deterination…
20-5098 Mikhail Tsukerman v. Western Community Unit School District No. 12 Seventh Circuit 2020-07-17 Denied IFP abuse-of-discretion case-dismissal circuit-split civil-procedure due-process federal-rules judicial-discretion procedural-uniformity res-judicata standing uniformity-of-opinion 1. Whether the Court should resolve the following question for which the Courts of Appeals are split (including the United States Court of Appeals for…
20-5005 Archie Lee Williams v. United States Eleventh Circuit 2020-07-09 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-procedure due-process harmless-error plea-withdrawal substantial-rights Did the Eleventh Circuit err in affirming the district court's denial of the Petitioner's motion to withdraw his plea and was it was it an abuse of di…
19-8912 Giezi Arce-Calderon v. United States First Circuit 2020-07-07 Denied Response WaivedIFP abuse-of-discretion criminal-procedure criminal-sentencing due-process guideline-range guideline-sentence judicial-discretion plea-agreement plea-bargaining sentencing sentencing-guidelines substantive-reasonableness A. Whether the sentence imposed on Mr. Arce is substantively unreasonable, despite being a guideline sentence of six months, where the parties agreed …
19-1463 Sandra Jean Oliver v. James C. Oliver, Jr., et al. Mississippi 2020-07-07 Denied Response WaivedRelisted (2) abuse-of-discretion chancery-court civil-procedure constitutional-rights due-process equal-protection jurisdiction recusal rule-60 standing void-judgment I. Whether four orders issued by the chancery court, when the court did not have jurisdiction over the Petitioners, should be held as void and vacated…
19-8877 Patrick D. Lomas v. United States Fifth Circuit 2020-07-01 Denied Response WaivedIFP abuse-of-discretion criminal-procedure discretion fair-sentencing-act first-step-act judicial-discretion section-404 sentencing sentencing-reduction statutory-interpretation i. Did the District Court abuse it's Discretion when it denied Petitioner's Motion seeking a reduction of Sentence under Section 404(b) of the First S…
19-8829 Anastasia Purnell v. United States Ninth Circuit 2020-06-26 Denied Response WaivedIFP abuse-of-discretion civil-rights criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure judicial-interpretation pro-se rule-of-law standing SHOULDENT A COURT BE HELD RESPONSIBLE FOR ITS ABUSE OF DESCRETION WHEN IT FAILS TO FOLLOW THE RULE OF LAW AS IT IS WRITTEN??? SHOULDENT A RULE OF LA…
19-8830 Justin Michael Oxendine v. United States Fourth Circuit 2020-06-26 Denied Response WaivedIFP abuse-of-discretion appellate-review circuit-court criminal-procedure due-process federal-sentencing federal-sentencing-guidelines judicial-discretion legal-standard sentencing sentencing-guidelines upward-variance Whether the district court abused its discretion by varying upward when an applicable guideline provision addressed conduct that formed part of the ra…
19-8833 Christopher Mann v. Maryland Maryland 2020-06-26 Denied Response WaivedIFP abuse-of-discretion constitutional-review criminal-appeal criminal-procedure ineffective-assistance ineffective-assistance-of-counsel maryland-court-of-appeals prejudice strickland-prejudice strickland-test weaver-precedent weaver-v-massachusetts Has the Maryland Court of Appeals abused its discretion by applying Weaver v. Massachusetts(, 137 S. Ct. 1899 (2017)) to mandate looking at the streng…
19-8732 Efrain Leyva Hernandez v. United States Ninth Circuit 2020-06-17 Denied Response WaivedIFP abuse-of-discretion accurate-information criminal-procedure due-process judicial-discretion ninth-circuit record sentencing speculative-inference speculative-inferences Does a district court violate a defendant's due process right to be sentenced based on accurate information and abuse its discretion when it imposes a…
19-8693 Nathan Thomas Trujillo v. United States Ninth Circuit 2020-06-12 Denied Response WaivedIFP abuse-of-discretion criminal-procedure criminal-sentencing district-court-procedure judicial-discretion kimbrough-v-united-states kimbrough-variance policy-grounds sentencing sentencing-guidelines variance A. WHETHER THE COURT ERRED IN HOLDING THE DISTRICT COURT DID NOT ABUSE ITS DISCRETION WITH ITS SENTENCE? B. WHETHER THE COURT ERRED IN HOLDING THE DI…
19-1359 Michelle Dawn Murphy v. City of Tulsa, Oklahoma Tenth Circuit 2020-06-11 Denied an abuse of discretion because it violates the pa and wrong factually about the issue it reached ou which was based on an issue not presented on appe abuse-of-discretion appellate-procedure appellate-review civil-procedure due-process party-presentation sineneng-smith standing summary-judgment tenth-circuit united-states-v-sineneng-smith Is the Tenth Circuit's affirmance of summary judgment in favor of Defendant -Appellee City of Tulsa, which was based on an issue not presented on appe…
19-8604 Dontarius Marquis Hall v. United States Fourth Circuit 2020-06-04 Denied Response WaivedIFP abuse-of-discretion criminal-procedure drug-sentencing due-process ineffective-assistance-of-counsel sentencing A. WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED BY DENYING MR. HALL'S MERITORIOUS ARGUMENT THAT THE DISTRICT COURT ABUSED ITS DISCRETION IN DENYI…
19-8569 Brandon S. Wilson v. United States Seventh Circuit 2020-05-29 Denied Response WaivedIFP 18-usc-3553(a) 18-usc-3553a abuse-of-discretion criminal-procedure district-court-discretion due-process procedural-error sentencing sentencing-reasonableness supervised-release 1. Is Mr. Wilson's sentence procedurally and substantively infirm because the district court failed to consider the factors under 18 USC §3553(a) or o…
19-8558 David Hardman v. United States Eleventh Circuit 2020-05-28 Denied Response WaivedIFP abuse-of-discretion Anders-review appeal-waiver breach-of-plea-agreement criminal-procedure jurisdiction DID THE CIRCUIT COURT ERR IN REFUSING TO MAKE A DETERMINATION OF THE VALIDITY OF THE APPEAL WAIVER DURING A REVIEW OF THE RECORD, PURSUANT TO ANDERS v…
19-8560 Ricardo Noble v. Pennsylvania Pennsylvania 2020-05-28 Denied IFP abuse-of-discretion appellate-procedure court-order criminal-procedure due-process judicial-discretion legal-appeal motion-correction self-representation sentencing transcript transcript-error DID COURT ERR AND ABUSE DISCRETION BY ERRONEOUSLY QUASHING AS UNTIMELY PETITIONER'S OWN MOTION (POCKETED OWN MOTION) APPEAL OF TRIAL COURT'S 08/8/2°/8…
19-8372 Abdul Hakiym Ismaiyl v. Donald C. Nugent Sixth Circuit 2020-04-28 Denied IFP abuse-of-discretion appellate-review circuit-court-review clearly-erroneous clearly-erroneous-standard factual-findings frivolous-claims in-forma-pauperis judicial-discretion record-review standard-of-review Whether a Circuit court, once the veracity of the factual findings of a Dist. Court has been contended not to exist, and not supported by the record, …
19-8290 Robert Taylor v. Pennsylvania, et al. Third Circuit 2020-04-17 Denied Response WaivedIFP abuse-of-discretion appellate-procedure appellate-review circuit-court-discretion civil-procedure constitutional-rights due-process evidence-standard federal-rules-of-civil-procedure federal-rules-of-procedure procedural-due-process standing 1. Did The Circuit Court Abuse Its Discretion? 2. Was There a Violation Of Procedural Due Process? 3. Was There a Disregard For Substantive Evidence…
19-1168 Mirek Machala v. Libuse Kral, et al. District of Columbia 2020-03-25 Denied Response Waived abuse-of-discretion civil-procedure due-process equal-protection fourteenth-amendment judicial-discretion procedural-due-process standing summary-judgment 1. Whether Petitioner's due process right was violated when the District of Columbia Court of Appeals denied his petition for rehearing within no t…
19-8091 Vernon Wayne Officer v. Washington Washington 2020-03-24 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-defense due-process fair-trial ineffective-counsel judicial-discretion pro-se-defendant right-to-counsel sixth-amendment trial-procedure D IS iT NOT TRUE ON OCT 12 2O1A, I WAS DENIED RE-ADONTMENT OF COUNSEL, DURING JURY TRIAL, NOT BECAUSE OF DELAY IN TRIAL? BOT BECAUSE I SIQNED RE-APPOI…
19-8055 Corey Jones v. United States Second Circuit 2020-03-23 Denied Response WaivedIFP abuse-of-discretion appellate-review constitutional-rights criminal-procedure due-process judicial-discretion judicial-review sentencing supervisory-power Petitioner was sentenced to 15 years in prison for biting a finger. The Court of Appeals found that "highly unjust, and little short of absurd," and t…
19-7998 Paul Anthony Montanez v. United States Fifth Circuit 2020-03-16 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure district-court due-process judicial-discretion reasonableness reasonableness-standard sentencing sentencing-guidelines I. Did the district court impose a plainly unreasonable sentence upon Mr. Montanez?
19-7982 Alex Penland v. Ohio Ohio 2020-03-13 Denied IFP abuse-of-discretion criminal-conviction criminal-procedure due-process evidence false-testimony habeas-corpus judicial-fraud legal-remedy post-conviction-relief prosecutorial-misconduct trial-court-discretion 1. Does the trial court abuse its discretion when it failed to entertain Penland's claim that his conviction was tainted by fraud when the prosecutor …
19-7956 Molly Tsai v. Robert Wilkie, Secretary of Veterans Affairs First Circuit 2020-03-13 Denied Response WaivedIFP abuse-of-discretion circuit-court civil-rights comparator-evidence employment-discrimination evidence-exclusion evidentiary-standards judicial-discretion minority-rights probationary-period standard-of-review 1. Did the First Circuit Judge erred and abuse her discretion in excluding evidence concerning a minority employee terminated during her probationary …
19-7959 John Tedesco v. Tammy Ferguson, Superintendent, State Correctional Institution at Graterford, et al. Third Circuit 2020-03-13 Denied IFP abuse-of-discretion access-to-courts civil-rights court-access due-process grievance-process injunctive-relief personal-involvement retaliation (A) WAS THE PLAINTIFF ENTITLED TO INJUNCTIVE RELIEF ? (B) WAS THE PLAINTIFF PROVIDED WITH DUE PROCESS ? (C) WAS THE PLAINTIFF ALLEGEDLY RETALIATED A…
19-7890 Kevin Michael-Ferdinand Richards v. Michigan Michigan 2020-03-06 Denied IFP abuse-of-discretion coercion constitutional-rights criminal-procedure due-process effective-assistance effective-assistance-of-counsel plea-coercion plea-understanding plea-withdrawal trial-court-discretion I. Did The TriAl Court Abuse It's Discretion When It Denied Pla WithdrAwal Under MCR 6.3IOcB); Mr. RicHaRds HAs A Due Process Right To PleA Withdrawal…
19-7898 Richard C. Murphy v. United States Third Circuit 2020-03-06 Denied Response WaivedIFP abuse-of-discretion appeals appellate-review attorney-client attorney-client-relationship civil-procedure civil-rights counsel-ethics due-process judicial-discretion legal-ethics legal-representation procedural-integrity representation standing Did the Third Circuit Court of Appeals abuse their discretion by allowing counsel to continue representation after counsel documented his unwillingnes…
19-7853 Jaime Monzon-Silva v. United States Ninth Circuit 2020-03-03 Denied Response WaivedIFP abuse-of-discretion criminal-procedure due-process evidence evidentiary-ruling fugitive judicial-discretion jury-evidence jury-instructions legal-standard trial-procedure Did the district court abuse its discretion by permitting a jury to hear evidence that Petitioner believed he was a "wanted fugitive," evidence that d…
19-7800 Donald Sheman Bush v. United States Fourth Circuit 2020-02-27 Denied Response WaivedIFP abuse-of-discretion circuit-split de-novo de-novo-review evidence-admissibility evidence-rule-404b evidentiary-rules federal-rules-of-evidence-404(b) legal-interpretation other-acts rule-404b standard-of-review Federal Rule of Evidence 404(b) provides that "evidence of a crime, wrong, or other act is not admissible to prove a person's character in order to sh…
19-7740 Yolanda Bell v. United States Fourth Circuit 2020-02-24 Denied Response WaivedIFP abuse-of-discretion appellate-review case-dismissal civil-rights collateral-order disability disability-accommodation disability-rights due-process interlocutory-appeal judicial-discretion judicial-process motion-denial reasonable-accommodation Did the Court of Appeals commit legal error and abuse their discretion when denying Petitioner's appeal of the district courts denial of her motions r…
19-7720 Lamont Jones v. United States Fourth Circuit 2020-02-21 Denied Response WaivedIFP 4th-circuit-court abuse-of-discretion co-conspirator-hearsay co-conspirator-hearsay-exception criminal-association criminal-history district-court-conviction hearsay-exception mental-health racketeering-conspiracy racketeering-conspiracy-18-usc-1962(d) sentencing sentencing-discretion sentencing-mental-health-treatment sufficient-evidence uncorroborated-confession I. Did the 4th Circuit Court of Appeals abuse.it's discretion in upholding the District Court's conviction that the evidence against Jones was suffi…
19-7702 Douglas Cornell Jackson v. Leah Berean, et al. Sixth Circuit 2020-02-19 Denied Relisted (2)IFP abuse-of-discretion access-to-courts civil-rights civil-rights-retaliation court-access due-process equal-protection indigent-rights judicial-discretion pro-se-litigant pro-se-litigation retaliation retaliation-claims standing 1. WHETHER THE U.S. COURT OF APPEALS AND U.S. DISTRICT COURT DECISIONS CONFLICT WITH THE FORMULATION DESCRIBING RETALIATION CLAIMS WITHIN THE U.S. CIR…
19-7644 George Jones v. Cindy Griffith, Warden Eighth Circuit 2020-02-12 Denied Response WaivedRelisted (2)IFP abuse-of-discretion alford-plea appeal credibility direct-appeal expert-witness expert-witness-credibility ineffective-assistance ineffective-assistance-of-counsel post-conviction-remedies prejudice sentencing-discrepancy trial-court-discretion 1. Has prejudice been shown where defense counsel fails to investigate the credibility of the Defense's expert witness, causing said expert witness …
19-7578 Ray Edward Barry v. Patrick Warren, Warden Sixth Circuit 2020-02-06 Denied Response WaivedIFP abuse-of-discretion binding-over brady-violation circuit-court criminal-procedure dna-testing due-process evidence-suppression fourth-amendment ineffective-assistance-of-counsel ineffective-counsel lost-evidence prosecutorial-misconduct quash-information Did The District Court Abused Its Discretion In Binding Over To Circuit Court And The Circuit Court Erred In Refusing To Quash The Information? Did T…
19-7492 Inger L. Jensen v. United States Eleventh Circuit 2020-01-30 Denied Response WaivedIFP 28-usc-2255 abuse-of-discretion evidentiary-hearing habeas-corpus habeas-corpus-28-usc-2255 harmless-error ineffective-assistance-of-counsel standard-of-review A. 28 U.S.C. § 2255 states that "Unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief…
19-7471 Barbara E. Brown v. San Bernardino County, California, et al. Ninth Circuit 2020-01-29 Denied Response WaivedRelisted (2)IFP abuse-of-discretion civil-procedure civil-rights due-process judicial-misconduct standing Question not identified.
19-7463 Terrance A. Burlison v. David R. Ellspermann, Individually and in His Official Capacity as Clerk of Court for Marion County, Florida Florida 2020-01-28 Denied Response WaivedIFP abuse-of-discretion appellate-review attorney-fees civil-procedure civil-rights due-process judicial-discretion legal-procedure sec-1988 statutory-interpretation Whether the Florida Court of Appeals for the Fifth District abused its discretion in awarding defendant attorney's fees pursuant to sec. 1988.
19-7416 James P. Griffin v. United States Second Circuit 2020-01-24 Denied Response WaivedIFP abuse-of-discretion calculation-error civil-procedure continuance criminal-procedure due-process fifth-amendment financial-penalties forfeiture medical-hardship medical-issues restitution restitution-calculation sentencing sixth-amendment trial-continuance trial-court trial-court-discretion Whether the amount of restitution and forfeiture w I. Whether the trial court abused its discretion in arbitrarily denying a continuance of trial requested due to Petitioner's documented medical proble…
19-7374 In Re John Wallace 2020-01-22 Denied Relisted (2)IFP abuse-of-discretion appeals civil-procedure court-of-appeals due-process judicial-authority judicial-discretion mandamus procedural-error sanctions standing three-strikes three-strikes-law three-strikes-statute Congress Enacted The 28$ 1'U.S.£ 1915$g) Three Strikes StafemfeeoOf 1996 To Prevent Prisoner's From Filing FRIVOLOUS,MALICOUS,or VEXATIOUS Lawsuits. …
19-7296 In Re Gilbert M. Martinez 2020-01-15 Denied Response WaivedRelisted (2)IFP abuse-of-discretion administrative-discretion administrative-law disability-benefits due-process evidence gerd medical-evidence property-tax-exemption rheumatoid-arthritis social-security social-security-administration-discretion social-security-disability Did the Social Security Administration abuse its discretion holding that plaintiff is ineligible for Social Security disability benefits after claiman…
19-7240 Damon S. Allen-Bey v. Michigan State Treasurer Michigan 2020-01-10 Denied IFP 14th-amendment abuse-of-discretion administrative-rules constitutional-rights due-process judicial-discretion miscarriage-of-justice prisoner-funds restitution standard-of-review Whether the trial Court violated the defendants protected constitutional rights by abusing its discretion where in parsing out Appellant's arguement i…
19-7176 David P. Moran v. Florida Florida 2020-01-08 Denied Response WaivedIFP abuse-of-discretion bias due-process judicial-bias judicial-ethics judicial-misconduct post-conviction-relief recusal trial-procedure Should recusal of a judge be allowed during the post conviction relief phase if the prejudice and bias of the trial judge is apparent on the face of t…
19-842 Mark J. Schwartz v. Clark County, Nevada, et al. Ninth Circuit 2020-01-03 Denied abuse-of-discretion civil-procedure civil-rights district-court-discretion federal-jurisdiction judicial-bias qualified-immunity section-1983 seniority-manipulation state-law supplemental-jurisdiction A. Does the di strict court abuse i ts discreti on when i t fails to di fferenti ate between federal and state l aw when exerci sing its authori ty ov…
19-7155 Russell DeFreitas v. Gregory A. Kizziah, Warden Sixth Circuit 2020-01-02 Denied Response WaivedIFP abuse-of-discretion actual-innocence constitutional-rights double-jeopardy due-process habeas-corpus habeas-corpus-2241 ineffective-assistance ineffective-assistance-of-counsel sixth-amendment statutory-interpretation First Question: Whether Sixth Circuit's precedent supersedes and adoption of district court's arbitrary abuse of authority, prohibits petitioner's 2…
19-7132 Ric Thomason, Jr. v. United States Eleventh Circuit 2019-12-31 Denied Response WaivedIFP abuse-of-discretion criminal-procedure defendant-presence defendant-rights district-court-discretion due-process judicial-procedure modified-sentence resentencing sentencing WHETHER THE DISTRICT COURT ABUSED ITS DISCRETION IN FAILING TO HOLD A RESENTENCING HEARING, WITH THE DEFENDANT, PRESENT PRIOR TO IMPOSING A MODIFIED S…
19-7085 Ratha Oeur v. County of Los Angeles, California California 2019-12-30 Denied Response WaivedRelisted (2)IFP abuse-of-discretion child-support continuance de-novo de-novo-review due-process family-law income-expense-declaration standard-of-review unexpected-event Does this Court of Appeal's Opinion, to affirm the Trial Court's decision to make or modify a child support order without a current Income and Expense…
19-7105 Miguel Jilberto Vazquez-Chavarria v. United States Fifth Circuit 2019-12-30 Denied Response WaivedIFP 18-usc-3553a abuse-of-discretion appellate-review criminal-sentencing due-process judicial-discretion remand sentencing-factors sentencing-guidelines sentencing-review statutory-interpretation substantive-reasonableness 1. Whether substantive reasonableness review requires or permits the courts of appeals to "reweigh the [18 U.S.C. §3553(a)] factors"? SUBSIDIARY QUES…
19-7107 Joseph Thor Perkins v. United States Eighth Circuit 2019-12-30 Denied Response WaivedIFP 18-usc-3553a 3553(a)-factors abuse-of-discretion booker-v-united-states criminal-sentencing downward-variance federal-sentencing-procedure gall-v-united-states judicial-discretion sentencing-discretion sentencing-guidelines statutory-interpretation Whether a sentencing court can abuse its discretion by not varying downward further based on this Court's decisions mandating that a sentencing court …
19-7033 Ali Darwich v. United States Sixth Circuit 2019-12-20 Denied Response WaivedIFP abuse-of-discretion appeals-court appellate-procedure civil-procedure civil-procedure-rule-60-b-6 district-court district-court-discretion due-process jurisdiction jurisdictional-review motion-for-reconsideration rule-60-motion rule-60(b)(6) sixth-circuit-appeal standing after the panel determine the district court ERRED BY CONSTRUING DARWICH'S MOTION AS A MOTION FOR RECONSIDERATION FILED UNDER LOCAL RULE 7.1(h)(1)AR…
19-7043 John A. Toth v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-12-20 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment abuse-of-discretion attenuation civil-rights constitutional-rights criminal-procedure due-process evidence habeas-corpus ineffective-assistance plea-bargaining police-conduct post-conviction-relief Question not identified.
19-7010 Omar Folk v. Prime Care Medical, et al. Third Circuit 2019-12-19 Denied Response WaivedIFP abuse-of-discretion civil-procedure discovery-issues double-jeopardy due-process federal-rules-of-civil-procedure habeas-corpus mandate-stay rule-59(e) rule-60-motion standing third-circuit-appeal 1.) Whether Third Circuit Court of Appeal Judge's apply the Standard Under Timely 60(C)(1) from the Doc. 115 Jan. 26, 2018 District Court Opinion. S…
19-6920 Courtney Omar Boyd v. United States Fourth Circuit 2019-12-12 Denied Response WaivedIFP abuse-of-discretion constitutional-law constitutional-rights criminal-procedure due-process first-step-act judicial-discretion motion-denial sentencing statutory-interpretation I. WHETHER THE LOWER COURT ABUSED ITS DISCRETION AND VIOLATED MR. BOYD'S CONSTITUTIONAL DUE PROCESS RIGHTS WHEN IT DENIED BOYD'S FIRST STEP ACT MOTION…
19-6855 Jose Luis Morales v. G. D. Lewis, et al. Ninth Circuit 2019-12-06 Denied Response WaivedIFP abuse-of-discretion constitutional-interpretation due-process equal-protection federal-courts judicial-discretion res-judicata supreme-court supreme-court-directives I. Is it an abuse of discretion when the federal courts do not follow directives from the United States Supreme Court on how to apply res judicata? …
19-6874 In Re Stephen Daniel Leonard 2019-12-06 Dismissed Response WaivedRelisted (2)IFP 28-usc-1915 abuse-of-discretion appellate-procedure circuit-court-jurisdiction civil-rights due-process federal-rules-of-appellate-procedure in-forma-pauperis judicial-discretion judicial-power pro-se-litigation standing three-strikes three-strikes-provision 1.) Did the United States Court of Appeals for the Eleventh Circuit abuse its discretion when refusing to file the Petitioner 's Motion for Leave to…
19-6881 April Torres v. United States Fifth Circuit 2019-12-06 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure district-court due-process judicial-discretion parole probation reasonableness revocation sentencing supervised-release I. Did the district court impose a plainly unreasonable revocation sentence upon Ms. Torres?
19-6873 Anthony Dale Carter v. Florida Florida 2019-12-05 Denied Response WaivedIFP abuse-of-discretion civil-procedure civil-rights constitutional-interpretation constitutional-rights due-process federal-rights individual-rights judicial-review standing state-court supreme-court-precedent 1. Is i a epe heaen d oton ai Or whole on the Court's failure to rule withinm a neasonable time? Constitutonal rigpt to Due Procss and Acess To Courts…
19-6822 Guy Cozzi v. American Stock Exchange, et al. New York 2019-12-03 Denied Response WaivedIFP abuse-of-discretion administrative-law article-8-a due-process equal-protection judicial-review rb-89 separation-of-powers stare-decisis workers-compensation 1. Were the Workers ' Compensation Board (WCB) rulings denying my Article 8-A claim and RB-89 rehearing request, arbitrary, capricious and an abuse o…
19-659 Miladis Salgado v. United States Eleventh Circuit 2019-11-21 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) 28-usc-2465 abuse-of-discretion civil-forfeiture claimant court-dismissal dismissal dismissal-without-prejudice federal-procedure judicial-discretion legal-prevailing-party prevail prevailing-party statutory-interpretation without-prejudice 1. When does a civil forfeiture claimant "substantially prevail" under 28 U.S.C. § 2465(b)(1)? 2. In civil forfeiture lawsuits where a district court…
19-652 Norman D. Cox, Jr. v. The Money Source, Inc. New Jersey 2019-11-20 Denied Response Waived abuse-of-discretion civil-procedure civil-procedure-default-judgment default-judgment due-process excusable-neglect newly-discovered-evidence r-4-50-1-a service-of-process traverse-hearing 1. Did the Trial Court err in or abuse it's discretion by entering default judgment against Petitioner based upon the Respondent's defective Service o…
19-6668 Andrew J. J. Wolf, et al. v. Idaho Board of Correction, et al. Ninth Circuit 2019-11-19 Denied Response RequestedResponse WaivedRelisted (2)IFP abuse-of-discretion appellate-review civil-procedure completeness-doctrine federal-rules-of-evidence motion-to-stay ninth-circuit rule-106 summary-judgment trial-record Petitioners, Andrew J.J. Wolf and R. Hans Kruger, filed a Motion to Stay Second Summary Judgment based upon the fact defendants counsel had chose to u…
19-6600 Barry Lernard Davis v. United States Fifth Circuit 2019-11-13 Denied Response WaivedIFP 2255-motion 60b-motion abuse-of-discretion coa-brief court-of-appeals due-process evidentiary-hearing manifest-injustice procedural-due-process psr psr-challenge section-2255 sentencing-claim sentencing-evidence sentencing-issue sentencing-review 1. Where petitioner attacked evidence; Statens Certified Motion to Dismiss allegation in his PSR, of R.D., to his 2255 Motion, and argued his evidence…
19-6612 Jerome Small v. Pennsylvania Pennsylvania 2019-11-13 Denied Response WaivedIFP abuse-of-discretion brady-claim constitutional-procedure due-diligence judicial-discretion pcra-court-discretion plea-agreement prosecutorial-disclosure prosecutorial-misconduct timeliness Is their four (4) prongs to establishing a Brady claim ? Is the burden on the defense to scavage for Brady material to show due diligence ? Is a Br…
19-6537 Christopher Everson v. Theresa Lantz, et al. Second Circuit 2019-11-07 Denied Relisted (2)IFP abuse-of-discretion civil-procedure civil-rights due-process federal-rules final-judgment frivolous frivolous-standard hearing judicial-discretion prima-facie-case rule-60-motion rule-60(b)(6) standing The Petitioner presents two questions: In Neitzke v. Williams 490 U.S. 319 at 325 (1989), quoting from Anders v. California, 386 U.S. 738 (1967), The…
19-6553 Vicki Corona v. City of Los Angeles, California, et al. Ninth Circuit 2019-11-07 Denied IFP abuse-of-discretion civil-procedure civil-rights constitutional-rights court-filing deprivation-of-rights due-process filing-procedures in-forma-pauperis judicial-conduct judicial-discretion judicial-misconduct Question not identified. standing takings These questions significantly impact the administration of Civil and Constitutional violations by the Mayor of Los Angeles and the justice system in C…
19-6497 David Morillo-Cruz v. United States Third Circuit 2019-11-06 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion reasonableness sentencing sentencing-guidelines Whether the sentence imposed by the Court was reasonable?
19-6525 Sean Trent Barnes v. United States Fourth Circuit 2019-11-06 Denied Response WaivedIFP abuse-of-discretion competency competency-hearing criminal-procedure due-process guilty-plea plain-error-review plea-bargaining pro-se-representation self-representation sentencing sentencing-enhancement The issue subsuming all other issues in this appeal is whether I. or not, Mr. Sean Trent Barnes, while incarcerated in pre-trial cus tody as a federal…
19-6469 Kenneth N. McFall v. Indiana Indiana 2019-10-31 Denied Response WaivedIFP and sole defense witness to testify at trial for appeal evidence sixth-amendment state-court-decision testimony abuse-of-discretion accomplice-testimony constitutional-rights criminal-procedure due-process evidence-seizure fourteenth-amendment fourth-amendment sixth-amendment state-bypass-sixth-amendment Whether trial courts abuse of discretion in not allowing an alleged accomplice, and sole defense witness to testify at trial for the defense violated …
19-6381 Anthony Tyrone Brown v. Michigan Michigan 2019-10-24 Denied Response WaivedRelisted (2)IFP abuse-of-discretion compulsory-process confrontation-clause constitutional-rights due-process effective-assistance-of-counsel evidence evidence-suppression fair-trial ineffective-assistance-of-counsel prosecutorial-misconduct sexual-activity-evidence witness-testimony I. DID THE TRIAL JUDGE VIOLATE THE PETTIONER'S DUE PROCESS RIGHTS TO A FAIR TRIAL AND IMPARTIAL JUDCE. TO NSURE DUE PROCESS, AND FOR THE JUDGE TO AVOI…
19-6345 William N. Lucy v. Mary Cooks Eleventh Circuit 2019-10-22 Denied Response WaivedRelisted (2)IFP abuse-of-discretion appellate-review bankruptcy-proceedings certiorari-petition civil-procedure criminal-procedure due-process eviction habeas-corpus judicial-error post-conviction-relief property-rights standing trial-court-discretion 1. DID MOBILE COUNTY CIRCUT COURT JUDGE ROBERT SMITH ABUSE HIS DIBCRETION BY GRANTING EVICTION ORDER IN CIVIL CASE# CVI-O852 WHILE PETITIONER WERE IN …
19-6252 Edinson Herrera Ramirez v. Maryland Maryland 2019-10-11 Denied Response RequestedResponse WaivedRelisted (2)IFP abuse-of-discretion appellate-review biased-jury criminal-procedure discretion ineffective-assistance ineffective-assistance-of-counsel judicial-discretion jury-selection legal-standard maryland-court-of-appeals peremptory-challenge peremptory-strike prejudice WHETHER THE MARYLAND COURT OF APPEALS ERRED AND ABUSED ITS DISCRETION IN HOLDING THAT PETITIONER HAD RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL BY COU…
19-472 City of East Cleveland, Ohio, et al. v. Charles Hunt, et al. Ohio 2019-10-10 Denied Response Waived abuse-of-discretion bifurcation civil-litigation civil-procedure civil-procedure-bifurcation discretion emergency-vehicle-immunity expert-witness-testimony juror-misconduct manifest-weight-of-evidence motion motion-to-bifurcate trial trial-court-discretion trial-procedure 1. Whether the Trial Court abused its discretion when it denied Petitioners' Motion to Bifurcate the trial. 2. Whether the Trial Court abused its dis…
19-6205 Ruben Navarrete-Felix v. United States Ninth Circuit 2019-10-09 Denied Response WaivedIFP 18-usc-3553(a) 18-usc-3553a abuse-of-discretion criminal-procedure criminal-sentencing due-process judicial-policy recidivism sentencing-discretion sentencing-factors Is it an abuse of discretion to sentence a recidivist pursuant to a blanket policy of always imposing a longer sentence than the defendant previously …
19-6215 Twila Haynes v. Assets Protection, Inc. Pennsylvania 2019-10-09 Denied Relisted (2)IFP abuse-of-discretion americans-with-disabilities-act breach-of-contract civil-procedure civil-rights constitutional-rights due-process error-of-law in-forma-pauperis pro-se-plaintiff rule-240 standing Under Pa. Rate 240 Where Petitioner Constitutional rights violated? Yes Did the court abuse it discretion? Yes Did the Court Commit an error of law? Y…
19-6189 Lewis Brown v. United States Sixth Circuit 2019-10-07 Denied Response WaivedRelisted (2)IFP abuse-of-discretion civil-procedure clear-error due-process judicial-bias judicial-discretion judicial-misconduct pro-se-litigation sixth-circuit standing structural-error 1) Did the Sixth Circuit Court of Appeals abuse its discretion when it committed clear error of judgment, by relying on clearly erroneous findings of …
19-6142 Santo Leone v. United States Fifth Circuit 2019-10-03 Denied Response WaivedIFP abuse-of-discretion amendment categorical-approach civil-procedure district-court-discretion divisibility drug-convictions due-process first-step-act marijuana-convictions motion-to-amend prior-convictions section-851 standing timeliness Whether district court abused its discretion by concluding motion to amend should be denied as untimely? Whether district court erred when failure to…
19-378 Alfred Lam, et al. v. City and County of San Francisco, California, et al. Ninth Circuit 2019-09-20 Denied Response Waived abuse-of-discretion civil-procedure costs frcp-59(b) public-interest unclean-hands 1. Whether the federal court abused its discretion granting costs to Respondents-Defendants despite their unclean hands and without any consideration …
19-6004 Lynn Taylor v. United States District Court for the Northern District of Texas Fifth Circuit 2019-09-20 Denied IFP abuse-of-discretion affidavit civil-procedure court-procedure discovery discovery-violation due-process ineffective-counsel judicial-discretion misconduct prosecutorial-misconduct rule-60-motion standing 1. Did the Northern District. Amarillo Division, abuse it's descretion in not forwardinn the total "discovery' of "unanswered admission, affidavit" to…
19-5957 Twila Haynes v. Riverside Presbyterian Apartments Pennsylvania 2019-09-17 Denied Relisted (2)IFP abuse-of-discretion americans-with-disabilities-act breach-of-contract civil-procedure civil-rights constitutional-rights due-process error-of-law in-forma-pauperis negligence rule-240 standing Under Pa. Rule 240 Where Petitioner Constitutional rights violated? Yes Did the court abuse it discretion? Yes Did the Court Commit an error of law? Y…
19-5823 Jason Alston v. Arianna W. Eastman Eleventh Circuit 2019-09-04 Denied Response WaivedIFP abuse-of-discretion civil-procedure civil-rights court-of-appeals due-process eleventh-circuit in-forma-pauperis interested-parties judicial-discretion legal-procedure motion-for-leave recusal standing Whether United States Court of Appeals for the Eleventh Circuit abuse its discretion in denying petitioner Motion for leave to proceed in forma pauper…
19-5798 Lonnie Bernard Davis v. John Hancock Mutual Funds Accounts First Circuit 2019-09-03 Denied Response WaivedIFP abuse-of-discretion civil-procedure civil-rights confinement-conditions constitutional-violation due-process federal-review habeas-corpus prisoner-rights standing Question not identified.
19-5687 In Re Luis E. Morales 2019-08-23 Denied Response WaivedIFP abuse-of-discretion circuit-court-procedure civil-procedure due-process due-process-rights mandamus obstruction-of-justice pro-se-prisoner procedural-rights rebuttable-presumption rebuttal second-successive-motion successive-habeas-petitions 1) Did the 11th Circuit Court of Appeals "create" a rebuttable presumption when they entered their ORDER concerning the instant request to file a seco…
19-226 Noel L. Smith v. Diane Smith Carusos Second Circuit 2019-08-20 Denied abuse-of-discretion appellate-review civil-procedure civil-procedure-jurisdiction due-process judicial-procedure legal-ethics procedural-due-process remand remand-order removal standing subject-matter-jurisdiction Does a U.S. District Court have subject-matter jurisdiction to grant a motion that admittedly has never been served? Does a U.S. Court of Appeals hav…
19-5628 Charles Rochester v. New York State Division of Human Rights, et al. New York 2019-08-20 Denied Response WaivedIFP abuse-of-discretion abuse-of-power administrative-law anti-injunction-act civil-rights conflict-of-interest discrimination-claims due-process equal-protection federal-jurisdiction investigative-misconduct state-court-proceedings tampering-with-evidence I. Does the United State District Court as well as the United States Second Circuit of Appeals have a duty to protect jurisdiction and join, a State c…
19-5624 Zachary William Hicks v. United States Ninth Circuit 2019-08-16 Denied Response WaivedIFP abuse-of-discretion criminal-procedure criminal-sentencing due-process hicks-factors ineffective-assistance judicial-review sentencing-factors sentencing-guidelines sentencing-review sixth-amendment trial-court-discretion Whether the Trial Court Imposed an Unreasonable Sentence by Failing to Adequately Consider Hicks' Factors and Whether Trial Counsel Rendered Ineffecti…
19-5576 William Taylor v. Richard Brown, Superintendent, Wabash Valley Correctional Facility Seventh Circuit 2019-08-13 Denied Response WaivedIFP abuse-of-discretion boone-county constitutional-rights hearsay hearsay-testimony ineffective-assistance-of-counsel judicial-discretion lafler-v-cooper plea-bargaining prejudice prosecutorial-misconduct right-to-effective-counsel sentencing I. WHETHER THE ADDITIONAL SIXTY (60) YEARS TAYLOR RECEIVED AT TRIAL WHEN ATTORNEY ALLEN LIDY FAILED TO COMMUNICATE THE BOONE COUNTY TWENTY (20) YEAR P…
19-5550 Jackie Duncan v. United States Tenth Circuit 2019-08-09 Denied Response WaivedIFP 10th-circuit abuse-of-discretion civil-procedure constitutional-vagueness due-process evidence-admissibility federal-courts federal-jurisdiction federal-rules-of-evidence judicial-discretion procedural-error rule-403 rule-404(b) rule-404b standard-of-review 1. WHETHER THE 10TH CIRCUIT ERRED IN RULING THE WESTERN DISTRICT OF OKLAHOMA DIDN'T ABUSE THEIR DISCRETION? 2. WHETHER ANTHONY JOHNSON. TESTIMONY OUT…
19-5442 Shanta G. Phillips-Berry v. Kenner Police Department, et al. Fifth Circuit 2019-08-06 Denied IFP abuse-of-discretion civil-procedure civil-rights constitutional-due-process due-process evidentiary-requirements fair-trial judicial-discretion jury jury-trial legal-standards standing trial-procedure 1. What if district court abused its discretion by not relying on the erroneous legal premise that a citizen(s) of the state of Louisiana and this gre…
19-5364 In Re Carl A. Courtright, III 2019-07-26 Denied Response WaivedIFP Abuse-of-discretion access-to-courts civil-procedure civil-rights court-access due-process eighth-amendment excessive-fines first-amendment judicial-discretion pro-se pro-se-litigant sanctions 1) Absent statutory authority nor provision in the Federal Rules, Did the Seventh Circuit Court of Appeals clearly abuse its discretion when it ORDE…
19-5333 Charles York Walker, Jr. v. United States Fourth Circuit 2019-07-25 GVR IFP abuse-of-discretion case-specific-factors criminal-procedure criminal-procedure-rule-11 discretion district-court district-court-discretion felon-in-possession grand-jury incorrect-assumptions opioid-crisis plea-agreement plea-bargaining policy-disagreement rehaif-standard rule-11 Whether a district court abuses its discretion by determining whether to accept or reject a plea agreement under Rule 11 of the Rules of Criminal Proc…
19-5338 Anna Maria Agolli v. District of Columbia, et al. District of Columbia 2019-07-25 Denied Response WaivedIFP abuse-of-discretion civil-rights constitutional-rights criminal-misconduct due-process false-imprisonment government-liability government-misconduct immunity-defense qualified-immunity statute-of-limitations Should Courts allow qualified immunity to protect governments and their employees in spite of evidence only because it is the first of such violations…
19-115 Frank J. Lawrence, Jr. v. United States District Court for the Western District of Michigan Sixth Circuit 2019-07-24 Denied Response Waived Abuse-of-discretion Admission-to-practice bar-admission constitutional-rights Criticism-of-officials due-process expressive-activities First-Amendment free-speech judicial-discretion judicial-review law-practice-admission sixth-circuit standing uniformity-of-decisions Within a four month span, Petitioner filed applications for admission to the bars of eight federal courts, including the United States Court of Appeal…
19-5311 Ivaylo Dodev v. Bank of New York Mellon Arizona 2019-07-24 Denied Response WaivedIFP abuse-of-discretion appellate-review arizona-court-of-appeals arizona-rules-of-civil-procedure civil-procedure civil-procedure,eviction,dismissal,arizona-rules-o criminal-law due-process eviction eviction-proceedings federal-criminal-procedure hobbs-act judicial-discretion rule-41 second-amendment united-states-v-davis voluntary-dismissal Whether Mr. Burke's § 924(c) conviction is invalid 1. Whether the Arizona Court of Appeals, Division One abused its discretion by not ruling on the applicability of Rule 41(a)(1) of the Arizona Rules o…
19-105 Joseph A. Caramadre v. United States First Circuit 2019-07-22 Denied Response Waived 28-usc-2255 abuse-of-discretion appellate-review certificate-of-appealability evidentiary-hearing habeas-corpus hill-v-lockhart ineffective-assistance section-2255 strickland-standard strickland-v-washington 1. Should a Writ of Habeas Corpus issue to the United States Court of Appeals for the First Circuit ("Court of Appeals") on the grounds that the showi…
19-5222 James Arthur Meeks v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-07-19 Denied IFP abuse-of-discretion appellate-review civil-procedure-bar-rule civil-rights constitutional-violations due-process ineffective-assistance ineffective-assistance-of-counsel judicial-misconduct post-conviction-relief post-conviction-review procedural-bar standing trial-counsel DID THE STATE OF TEYAS PROPERLY APPLY THE PROCEDURAL BAR (STATUE OF LIMITATIONS iN WRITNO. W89-85S62T (C-D) PURSUANT TO ART. 11.O7(4 OFTHE CODE OFCRiM…
19-5240 James Butler v. United States District Court for the Eastern District of Michigan Sixth Circuit 2019-07-18 Dismissed Response WaivedIFP abuse-of-discretion actual-innocence civil-procedure civil-rights civil-rights-act district-court-discretion due-process equity equity-jurisdiction fraud-on-the-court government-misconduct grand-jury rule-6(e) rule-6e-violation 1. Did the district court abuse its discretion when it filed suit in equity under civil law docket. 2. Did the district court abuse its discretion by…
19-5241 Zack Zafer Dyab v. Nicole English, Warden Tenth Circuit 2019-07-18 Denied Response RequestedResponse WaivedRelisted (2)IFP 2241-petition 2255-motion 28-usc-2241 28-usc-2255 abuse-of-discretion circuit-court-discretion circuit-split detention-challenge foreclosure habeas-corpus judicial-review saving-clause section-2241 section-2255 united-states-v-wheeler Does the Petitioner have to test the legality of his detention in the initial 2255 motion, even though the argument would have been rejected on the me…
19-5162 Frederick Johnson v. United States Fifth Circuit 2019-07-12 Denied Response WaivedIFP abuse-of-discretion appellate-review circuit-split criminal-procedure discretionary-review plain-error plainly-unreasonable post-revocation-sentence sentencing sentencing-standard supervised-release What is the proper standard of appellate review for sentences imposed on defendants following revocation of supervised release?
19-60 Cora Kerton v. Society Hill at Droyers Point Condominium Association, et al. New Jersey 2019-07-11 Denied abuse-of-discretion civil-procedure condominium-act condominium-law expert-report expert-testimony liability-coverage negligence net-opinion-rule new-jersey-appellate-court new-jersey-trial-court snow-removal standard-of-review summary-judgment 1. Whether there was engagement in abuse of discretion and misapplication of the summary judgment standard at the Superior Court of New Jersey, Trial …
19-5125 Francisco Gallegos-Lopez v. United States Ninth Circuit 2019-07-09 Denied Response RequestedResponse WaivedRelisted (2)IFP 18-usc-3553a 3553(a)-factors abuse-of-discretion appellate-review circuit-split criminal-procedure judicial-discretion preservation-of-error procedural-error sentencing sentencing-recommendation statutory-factors Does urging a sentencing recommendation lower than that ultimately imposed, and grounded in the statutory factors in 18 U.S.C. § 3553(a), suffice to p…
19-5058 In Re Artur Tchibassa 2019-07-03 Denied Response WaivedIFP abuse-of-discretion civil-procedure constitutional-law constitutional-violation extradition habeas-corpus harmless-error judicial-discretion jurisprudence savings-clause statutory-interpretation structural-error WHETHER THE LOWER COURTS ABUSED THEIR DISCRETION BY REFUSING TO APPLY THE REYES-REQUENA/SAVINGS CLAUSE JURISPRUDENCE.
19-5021 Oliver M. Boling v. United States Parole Commission, et al. District of Columbia 2019-07-01 Denied Response WaivedIFP abuse-of-discretion civil-rights district-of-columbia due-process equal-protection federal-procedure federal-rules-of-civil-procedure personal-capacity preclusion section-1983 1. WETHER THE UNITED STATES COURT OF APPEAL FOR THE DISTRICT OF COLUMBIA IS IN "CONFLICT" WITH THE CIRCUT COURTS CASE IN[ MICHAEL D. HURD V. DISTRICT …
18-9791 Luis David Moreno-Pena v. United States Fifth Circuit 2019-06-27 Denied Response RequestedResponse WaivedRelisted (2)IFP abuse-of-discretion appellate-review criminal-procedure due-process judicial-discretion leniency preservation-of-error sentencing-argument sentencing-reasonableness sentencing-review Whether challenges to the reasonableness of a sentence rooted in a court's
18-9819 Jose Francisco Rodriguez-Reyes v. United States First Circuit 2019-06-26 Denied Response WaivedIFP abuse-of-discretion arrest-consideration arrests-without-convictions criminal-sentencing district-court-discretion due-process excessive-sentence procedural-error sentencing-factors sentencing-guidelines sentencing-methodology substantive-error substantive-review I. WHETHER THE DISTRICT COURT'S SENTENCING METHODOLOGY WAS PROCEDURALLY AND SUBSTANTIVELY SOUND AND THAT THE DISTRICT COURT DID NOT ABUSE ITS DISCRETI…
18-9766 Raymond Tyrone Lewis v. William O. Farmer, Sheriff, Sumter County, Florida, et al. Eleventh Circuit 2019-06-24 Denied Response WaivedRelisted (2)IFP abuse-of-discretion civil-procedure civil-rights constitutional-rights due-process eleventh-circuit essential-requirements-of-law motion-for-reconsideration standing statute-of-limitations WHETHER THE ELEVENTH CIRCUIT COURT OF APPEAL ABUSED ITS DISCRETION AND DEVIATED FROM THE ESSENTIAL REQUIREMENTS OF LAW WHEN THEY DENIED PLAINTIFFS MOT…
18-9769 Ishmael Wahid v. United States Sixth Circuit 2019-06-24 Denied Response WaivedIFP abuse-of-discretion appellate-review civil-procedure district-court due-process equitable-relief preliminary-injunction remand standard-of-review standing Whether the Court of Appeals ERRED WHEN not FOLLOWING THE CORRECT STANDARD FOR GRANTING C.O.A.
18-1557 William James, et al. v. Barbara Hunt, et al. Eleventh Circuit 2019-06-20 Denied Response Waived abuse-of-discretion civil-procedure civil-rico copyright-act copyright-infringement creative-rights due-process fair-use first-amendment intellectual-property licensing plagiarism A. Whether the U.S. Copyright Act and Clause 17 U.S.C. 501, the Copyright Act Clause and the First Amendment of the U.S. Const., Art. 1, Sec. 8, equal…
18-9734 Hector Dominguez-Gabriel, aka Kinko, aka John Richard Bellefleur v. United States Second Circuit 2019-06-19 Denied Response WaivedIFP abuse-of-discretion compassionate-release criminal-procedure criminal-sentencing federal-courts federal-sentencing judicial-discretion sentence-modification sentencing-guidelines sentencing-relief statutory-interpretation WHETHER THE LOWER COURT(S) ABUSED ITS DISCRETION WHEN IT DENIED APPELLANT SECTION 3582(c)(2) RELIEF?
18-9709 Angie Walker v. United States Ninth Circuit 2019-06-18 Denied Response WaivedRelisted (2)IFP abuse-of-discretion administrative-law agency-action arbitrary-and-capricious due-process judicial-review legal-accountability obstruction-of-justice standard-of-review How is justice being served when the standard of review is not adhered to? When there is abuse of discretion? The Question is: When Justices obstruct…
18A1327 Thomas P. Kelly, Jr. v. The Penn Mutual Life Insurance Company, et al. Third Circuit 2019-06-18 Presumed Complete abuse-of-discretion disability-benefits erisa insurance-plan own-occupation procedural-history Question not identified.
18-9611 Nicholas D. Weir v. United States, et al. Second Circuit 2019-06-11 Denied Response WaivedIFP abuse-of-discretion appellate-review civil-procedure de-novo-analysis de-novo-review factual-allegation frivolous frivolous-claim frivolous-claims judicial-discretion legal-standard standing sua-sponte sua-sponte-dismissal How does the lower courts rigorously determine if a factual allegation is baseless or frivolous when there is no argument in fact or law to dispute th…
18A1284 Ameer Xenos Flippin v. DC Metropolitan Police Department, et al. District of Columbia 2019-06-07 Presumed Complete abuse-of-discretion civil-rights constitutional-rights judicial-review police-misconduct section-1983 Question not identified.
18-1473 Zelma Rivas v. New York State Lottery Second Circuit 2019-05-24 Denied Response WaivedRelisted (2) abuse-of-discretion civil-rights continuing-violation discrimination due-process eeoc-charge employment-discrimination harassment hostile-work-environment prima-facie-case racial-discrimination retaliation statute-of-limitations Title-VII Plaintiff asserts the continuing violation exception to the Title VII limitation period. If a Title VII plaintiff files an EEOC charge that is timely …
18-9385 Cargil Nicholson v. Rollin Cook, Commissioner, Connecticut Department of Correction Connecticut 2019-05-23 Denied IFP abuse-of-discretion appellate-review certification-of-appeal criminal-procedure discretionary-review due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel trial-counsel PETITIONER CERTIFICATION TO APPEAL FROM THE APPELLATE COURT? THE HABEAS COURT'S FINDING THAT TRIAL COUNSEL'S PERFORMANCE WAS NOT DEFICIENT? THE HABE…
18-9401 Daniel H. Jones v. Kentucky, et al. Sixth Circuit 2019-05-23 Denied Relisted (2)IFP abuse-of-discretion appellate-jurisdiction appellate-review civil-procedure clearly-erroneous-findings injunctive-relief judicial-discretion jurisdictional-review legal-standards procedural-error sovereign-immunity wrong-legal-standards DID THE U.S. SIXTH CIRCUIT COURT OF APPEALS ERR IN ALLOWING THE [U.S.] DISTRICT COURT TO ABUSE ITS DISCRETION WHEN RELYING ON CLEARLY ERRONEOUS FINDIN…
18-9376 Charles A. Davis v. United States District Court for the Western District of North Carolina Fourth Circuit 2019-05-22 Denied Response WaivedIFP abuse-of-discretion appellate-review civil-procedure court-discretion judicial-review jurisdictional-defect jurisdictional-defects legal-standing lower-courts procedural-error standing subject-matter-jurisdiction WHETHER THE LOWER COURTS ABUSED THEIR DISCRETION BY THEIR FAILURE TO ADDRESS THE JURISDICTIONAL DEFECTS THAT DEPRIVE THEM OF SUBJECT MATTER JURISDICTI…
18-9293 Eugene Cooper v. Florida Florida 2019-05-15 Denied Response WaivedIFP abuse-of-discretion constitutional-rights due-process evidentiary-hearing federal-constitutional-rights newly-discovered-evidence postconviction-relief right-to-counsel trial-court-discretion Whether the trial court erred and abused its discretion in denying Mr. Cooper's 3.850 (b) (1)Motion for Postconviction relief based on Newly Discovere…
18-9232 Ikemefula Charles Ibeabuchi v. Officer Banicki, et al. Ninth Circuit 2019-05-10 Dismissed IFP abuse-of-discretion administrative-law civil-procedure civil-rights due-process fundamental-error judicial-remedy standing Whether or not, the Court below, Committed areversible 1. failure to state a Claim? Whether or not, the Court below, abused its diseretion 2. Whethe…
18-1409 Saied Emami v. Jim Bridenstine, Administrator, National Aeronautics and Space Administration, et al. Fourth Circuit 2019-05-09 Denied Response Waived abuse-of-discretion civil-rights civil-rights-act-of-1964 discovery discrimination due-process employment-discrimination expert-witness procedural-due-process retaliation sanctions scheduling-order title-vii Whether the Respondent's counsel that failed to comply with the District Court Scheduling Order necessarily violate procedural due process rights of t…
18-1411 Jeffrey Isaacs v. Trustees of Dartmouth College, et al. First Circuit 2019-05-09 Denied Response Waived abuse-of-discretion administrative-law due-process evidence evidence-spoliation medical-license medical-licensing protected-conduct rehabilitation-act retaliation section-1983 title-ix I. Did the NH District Court abuse its discretion in dismissing a proper Rehabilitation Act retaliation claim, when it incorrectly claimed a "scoured"…
18-9170 Cynthia Ortiz v. Charles Perry, et al. Tenth Circuit 2019-05-08 Denied Response WaivedIFP 28-usc-1292 abuse-of-discretion ambiguity appellate-jurisdiction civil-procedure district-court injunctive-relief interlocutory-appeal jurisdictional-dispute objections transfer venue-transfer Whether the Tenth Circuit has jurisdiction to consider for Interlocutory Appeal, under 28 U.S.C. § 1292 (a) (1) and (b), denial of Injunctive Relief, …
18-9148 Ikemefula Charles Ibeabuchi v. James T. Blomo Arizona 2019-05-06 Dismissed Response WaivedIFP abuse-of-discretion civil-procedure court-rules due-process judicial-review jurisdiction legal-procedure motion-to-dismiss pro-se standing statutory-interpretation summary-judgment Whether or not the Honorable Margaret Mahoney Should had issued Civil Procedure, Rule 7, to reply to Defendant/Appelles Motion to Dismiss, as a minima…
18-9070 Gabriel Urzua Sanchez v. United States Sixth Circuit 2019-05-03 Denied IFP abuse-of-discretion criminal-procedure direct-appeal district-court fifth-amendment first-step-act mandatory-minimum privilege sentencing witness-testimony I. Whether the district court abused its discretion in failing to properly determine that Mr. Sanchez's proposed witnesses Nino Tanzini and Shawn Hous…
18-1375 Douglas Walter Greene v. Independent Pilots Association, et al. Sixth Circuit 2019-05-02 Denied abuse-of-discretion civil-rights constitutional-rights due-process first-amendment fraud free-speech freedom-of-religion freedom-of-speech judicial-discretion judicial-misconduct jury-trial rule-of-law A National precedent setting question is asked, may Federal District & Appellate Courts render a Decision abridging First Amendment Rights to Freedom …
18-9010 Joel Augutuk Mayokok v. United States Eighth Circuit 2019-04-26 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure due-process judicial-error re-sentencing sentence-reasonableness sentencing sentencing-discretion sentencing-guidelines substantive-reasonableness unsupported-enhancement I. Did the District Court's decision at re-sentencing to re-impose the same 240-month sentence it initially imposed, where the Court had erred in its …
18-8961 Dion Thomas v. United States Eighth Circuit 2019-04-23 Denied Response WaivedIFP abuse-of-discretion blackledge-v-allison civil-rights district-court due-process evidentiary-hearing evidentiary-hearing-discretion habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ins-v-phinpathya plea-bargaining plea-negotiations rose-v-lundy sixth-amendment standing unsworn-statements QUESTION # ONE: Whether the District Court abused it's discretion by failing to conduct an evidentiary hearing by relying upon the unsworn statements …
18-8888 Nexis Rene Gomez v. Ken Clark, Acting Warden Ninth Circuit 2019-04-22 Denied Response WaivedIFP abuse-of-discretion civil-procedure constitutional-rights due-diligence due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rule-60(b) sixth-amendment Did the Ninth Circuit erred in finding that petitioner did not showed that jurist of reason would find it debatable whether the district court abused …
18-8916 Steven Lawrence Wright v. California California 2019-04-19 Denied IFP abuse-of-discretion burden-of-proof criminal-procedure criminal-trial due-process fifth-amendment jury-instruction jury-instructions legal-standard motion-for-new-trial new-trial standard-of-review As to Count 1 the murder conviction, Did the trial court's erroneous jury instruction of CALCRIM No. 301 lower the prosecution's burden of proof stand…
18-8834 José Amaya-Vasquez v. United States Third Circuit 2019-04-15 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure due-process judicial-discretion prior-bad-acts reasonableness reasonableness-standard sentencing sentencing-review 1. Whether the Court erred by considering the prior bad acts in the determination of the appropriate sentence? 2. Whether the sentence imposed by the…
18-8759 Cuauhtemoc Juarez-Aquino v. United States Ninth Circuit 2019-04-09 Denied Response WaivedIFP abuse-of-discretion appellate-review circuit-split criminal-sentencing discretion district-court-authority due-process judicial-discretion majority-circuits ninth-circuit sentencing-discretion sentencing-factors Whether a federal district court is permitted boundless discretion to weigh established factors at sentencing, as the Ninth Circuit has held, or wheth…
18-8700 Dorian Givens v. United States Fifth Circuit 2019-04-04 Denied Response WaivedIFP abuse-of-discretion appellate-review circuit-split criminal-procedure due-process federal-sentencing judicial-discretion sentencing standard-of-review supervised-release What is the proper standard of appellate review for sentences imposed on defendants following revocation of supervised release?
18-8649 Bradley Cobbler, aka B-Rad v. United States District of Columbia 2019-04-01 Denied Response WaivedIFP abuse-of-discretion criminal-procedure district-court due-process guilty-plea ineffective-assistance-of-counsel judicial-discretion motion-to-withdraw plea-bargaining plea-withdrawal sentencing withdrawal-of-plea Whether the District Court erred by partially denying Mr. Cobbler's Amended Motion to Withdraw Plea of Guilty?
18-8657 Ikemefula Charles Ibeabuchi v. Maricopa Commissioners Arizona 2019-04-01 Denied IFP abuse-of-discretion civil-procedure dismissal evidentiary-ruling judgment judgment-of-dismissal jurisdiction reversible-error rule-38.1(n) special-commissioner a ReVErSible Error. in the JUDGMENT OF DISMISSAL, a ISSued pursuant to Rule 38.1 (d)C2), (AriZ.R. Civ. PrOO)? Whether Or not, the SPECIAL COMMISSIONE…
18-8568 David Piper v. United States Fifth Circuit 2019-03-26 Denied Response WaivedIFP abuse-of-discretion compulsory-process criminal-procedure defense-witnesses due-process federal-rules-of-criminal-procedure habeas-corpus sixth-amendment standard-of-review trial-rights witness-production I. Whether Petitioner was deprived of compulsory process under the Due Process Clause of the Fifth Amendment and the Compulsory Process Clause of the …
18-8514 Jonathan Leroy Homedew v. United States Eighth Circuit 2019-03-22 Denied Response WaivedIFP abuse-of-discretion co-defendant co-defendants criminal-procedure district-court due-process judicial-discretion plea-arrangement plea-bargaining procedural-rights right-to-be-present speedy-trial waiver Whether Petitioner waived Speedy Trial Rights based on Co-defendants Plea arrangements Whether Petitioner had rights to be present at all tribunal pr…
18-8535 Daniel Arthur Heleva v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2019-03-22 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-procedure defendant-representation due-process-violation ineffective-assistance ineffective-assistance-of-counsel interlocutory-appeal judicial-waiver jurisdiction prosecutorial-effectiveness prosecutorial-misconduct prosecutorial-overreach right-to-counsel trial-court-discretion waiver-of-constitutional-rights waiver-of-rights WHERE STATE STATUTES PROVIDE PRE-TRIAL REMEDIES FOR PROSECUTORIAL OVERREACHING BY INTERLOCUTORY APPEAL, DOES DEFENSE COUNSEL'S FAILURE TO PERFECT THAT…
18-8490 Bernard Mitchell v. California California 2019-03-21 Denied Response WaivedIFP abuse-of-discretion criminal-street-gangs discretion due-process evidence gang-evidence ineffective-assistance ineffective-assistance-of-counsel jury-exposure jury-instructions jury-prejudice prejudice prosecutorial-misconduct sentencing sentencing-discretion standard-of-review 1. Did the court abuse its discretion in permitting the jury to be exposed to the nicknames "Crip" and "'Scrap,"' which have been taken as a suggestio…
18-8468 Alfredo Mendez v. United States Ninth Circuit 2019-03-19 Denied Response WaivedIFP abuse-of-discretion appellate-review circuit-split criminal-procedure discretion district-court-authority due-process federal-courts judicial-discretion sentencing sentencing-discretion sentencing-factors Whether a federal district court is permitted boundless discretion at sentencing to weigh established factors at sentencing, as the Ninth Circuit has …
18-8421 Timothy M. Thomas v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-03-13 Denied IFP 28-usc-2254 abuse-of-discretion amendment certificate-of-appealability circuit-court-of-appeals district-court due-process exhaustion habeas-corpus habeas-corpus-28-usc-2254 habeas-corpus-amendment judicial-discretion law-of-the-case merits section-2254 slack-v-mcdaniel DID THE CIRCUIT COURT OF APPEALS ERR WHEN IT DENIED (COA) STATUS ON THE POINT RAISED THAT THE U.S. DISTRICT COURT ABUSED IT'S DISCRETION BY NOT ALLOWI…
18-8400 Travis Demond Johnson v. United States Eleventh Circuit 2019-03-12 Denied Response WaivedIFP abuse-of-discretion acceptance-of-responsibility criminal-procedure criminal-sentencing due-process judicial-discretion sentencing-guidelines sentencing-procedure sentencing-reasonableness statutory-purposes-of-sentencing upward-departure 1. WHETHER THE DISTRICT COURT ERRED IN DEPARTING UPWARD UNDER THE UNITED STATES SENTENCING GUIDELINES §4A1.3 RESULTING IN AN UPWARD DEPARTURE DURING T…
18-8319 Jason Ray Flick v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2019-03-07 Denied IFP abuse-of-discretion change-of-venue fair-trial fourteenth-amendment impartial-jury jury-impartiality presumption-of-prejudice pretrial-publicity sixth-amendment I) Was petitioner denied a fair trial by trial courts abuse of discretion? II) Was petitioner denied effective assistance of counsel when counsel fai…
18-8227 Bodey Cook v. Illinois Illinois 2019-03-01 Denied IFP abuse-of-discretion antiterrorism-and-effective-death-penalty-act appellate-review certificate-of-appealability criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel post-conviction-relief Question not identified.
18-8181 Feliciano Soto-Lugo v. United States Fifth Circuit 2019-02-28 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure defendant-leniency district-court-discretion due-process judicial-response preservation-of-error reasonableness reasonableness-objection sentencing sentencing-guidelines sentencing-review Must challenges to the district court's failure to respond to a defendant's non-frivolous grounds for leniency be preserved by a separate "reasonablen…
18-8141 Brian Taylor v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-02-26 Denied IFP abuse-of-discretion alibi-witness civil-rights constitutional-rights criminal-procedure double-jeopardy due-process evidence ineffective-assistance prosecutorial-misconduct trial trial-counsel 1 - HAS TRIAL COUNSEL INEFFECTIVE FOR NOT CALLING ALIPI WITNESS? P. WAS TRIAL COUNSEL INEFFECTIVE FOR VIOLATING PETITIONERS OLIE PROSSEE OF LAW PUY N…
18-8062 Saundra Taylor v. District of Columbia Department of Employment Services District of Columbia 2019-02-25 Denied Response WaivedRelisted (2)IFP abuse-of-discretion administrative-law appellate-procedure appellate-review discretionary-review dismissal-with-prejudice due-process judicial-deference judicial-review standard-of-review substantial-evidence Whether memorandum and opinion is not supported by substantial evidence in the record, is not in accordance to the law and an abused of discretion. W…
18-8079 Christopher Loran Bentley v. United States Eleventh Circuit 2019-02-22 Denied Response WaivedIFP abuse-of-discretion acceptance-of-responsibility criminal-sentencing judicial-discretion notice-requirement relevant-conduct sentencing-guidelines sentencing-reasonableness statutory-maximum substantive-reasonableness upward-departure 1. WHETHER THE DISTRICT COURT ERRED IN SENTENCING MR. BENTLEY TO A STATUTORY MAXIMUM OF 120 MONTHS IN THAT SUCH SENTENCE WAS GREATER THAN NECESSARY TO…
18-8083 Reshawn D'Arby Magnificent-El, aka Reshawn D'Arby Phillips v. United States Ninth Circuit 2019-02-22 Denied Response WaivedIFP abuse-of-discretion compliance criminal-procedure discretion district-court drug-testing due-process knowingly-used-drugs sentencing-conditions supervised-release supervised-release-conditions Whether a district court abuses its discretion in imposing a drug-testing condition on a defendant who never knowingly used drugs, and has otherwise b…
18-7995 Rodney Martin v. United States Sixth Circuit 2019-02-15 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion procedural-error reasonableness-of-sentence section-3553a sentencing sentencing-factors sentencing-guidelines L The trial court sentenced Mr. Martin to 168 months in prison, but the court did not adequately address Mr. Martin's arguments or the Section 3553(a)…
18-7999 Raoul A. Galan v. Larry Gegenheimer, et al. Fifth Circuit 2019-02-15 Denied Relisted (2)IFP abuse-of-discretion administrative-law arbitrary-and-capricious civil-procedure civil-rights constitutional-rights discrimination due-process judicial-discretion procedural-error racial-discrimination standing Said writ of certiorari presents a simple question, regarding issues that began in 1987 and are present today. Were the lower courts manipulated by in…
18-7956 Ikemefula Charles Ibeabuchi v. Paul Penzone Ninth Circuit 2019-02-13 Denied Relisted (2)IFP abuse-of-discretion civil-procedure civil-rights due-process jurisdiction pleadings standing Whether or not, the Court below, Committed a reversble evror, When it dismmissed, Appellant's Complaint for failure to state a claum or, that, Appella…
18-7957 Ikemefula Charles Ibeabuchi v. Mikel Steinfeld Ninth Circuit 2019-02-13 Denied IFP abuse-of-discretion civil-procedure civil-procedure-abuse-of-discretion compulsory-process constitutional-question due-process jurisdiction sixth-amendment-compulsory-process standing Whether or the Jue Telb di f Lave to amend Complaint is a reversible exor? Whether or not, Judge Teilborg abused his disCretion in Concluding or, not…
18-7918 Rutilio Hernandez v. United States Fifth Circuit 2019-02-12 Denied Response WaivedIFP 18-usc-3553 18-usc-3553(a) 18-usc-3553a 18-usc-924 abuse-of-discretion constitutional-law criminal-procedure district-court district-court-discretion sentence-reduction sentencing-error sentencing-guidelines statutory-directive statutory-interpretation substantive-error sufficient-but-not-greater-than-necessary I. Whether the District Court Committed substantive error when failed to impose a sentence that was sufficient but not greater than necessary to compl…
18-1046 Virginia Callahan, et al. v. Pacific Cycle, Inc. Fourth Circuit 2019-02-11 Denied Response Waived abuse-of-discretion appellate-review circuit-court-split circuit-split civil-procedure de-novo-review evidence evidence-admissibility evidentiary-ruling hearsay hearsay-evidence judicial-discretion standard-of-review When reviewing a district court's ruling to admit hearsay into evidence, should the Court of Appeals apply an abuse of discretion standard or engage i…
18-7898 Latwang Janell Reid El Bey v. North Carolina, et al. North Carolina 2019-02-11 Denied Response WaivedIFP abuse-of-discretion civil-procedure civil-rights conflict-of-interest due-process habeas-corpus judicial-discretion right-to-be-heard standing temporary-restraining-order 1) Did Judge MILTON F. FITCH, TR. err by denying the petitioner the right to a hearing and the opportunity to be heard when the petitioner filed for a…
18-7901 Darrius DaJuan Cohee v. James Yates, Warden Tenth Circuit 2019-02-11 Denied IFP abuse-of-discretion conflict-of-interest constitutional-rights due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief right-to-appeal Was Petitioner's Counsel Ineffective For Failing To File Petitioner's Motion To Withdraw Guilty Plea After Petitioner Specifically Requested For Couns…
18-7853 John Patrick Fletcher v. Celia Schwartz, et al. Tenth Circuit 2019-02-08 Denied IFP 28-usc-1915 42-U.S.C-1983 7th-amendment abuse-of-discretion civil-procedure due-process prisoner-complaint pro-se section-1915 section-1983 section-242 seventh-amendment standing takings Whether the Seventh Amendment allows an action to be dismissed under 28 U.S.C. § 1915— without a finding of factual error - six months after the issua…
18-7862 Vincent Beatty, aka Jamaal Beatty, aka Vincent Daward Beatty, aka Mozzi v. United States Fourth Circuit 2019-02-08 Denied Response WaivedIFP abuse-of-discretion advisory-guidelines criminal-history criminal-procedure criminal-sentencing felon-in-possession reasonableness reasonableness-review sentencing-guidelines sentencing-variance sua-sponte upward-variance Whether a sua sponte upward variance sentence is reasonable where the advisory Guideline range accurately reflected the defendant's conduct and prior …
18-7863 Jeffrey Burris v. United States Fourth Circuit 2019-02-08 Denied Response WaivedIFP 18-usc-3553a abuse-of-discretion criminal-sentencing due-process firearms firearms-possession reasonableness reasonableness-review sentencing sentencing-guidelines statutory-interpretation unregistered Whether a sixty-month sentence for the simple possession of unregistered firearms, without any evidence suggesting the defendant was doing anything il…
18-7805 Michael Bohannan v. Wesley Griffin Fifth Circuit 2019-02-07 Denied Response WaivedIFP abuse-of-discretion appellate-procedure civil-rights court-discretion deputy-clerk discretion-abuse due-process federal-rules-of-appellate-procedure indigent-representation legal-access motion-classification reconsideration rule-26(b) standing time-extension DOES A UNITED STATES COURT OF APPEALS DEPUTY CLERK ABUSE THEIR DISCRETION/AUTHORITY WHEN THEY REFUSE TO TAKE ANY ACTION ON A LITIGANT'S TIME EXTENSION…
18-7764 Marcellus French v. Illinois Illinois 2019-02-05 Denied Response WaivedIFP abuse-of-discretion appellate-review civil-rights criminal-procedure due-process evidence judicial-error standard-of-review DID THE ILLINOIS SUPREME COURT ABUSE ITS DISCRETION WHERE THE COURT AFFIRMED THE APPELLATE COURT'S RULING THAT THE USAGE OF HEARSAY WITHIN THE PETITIO…
18-1007 Assem A. Abulkhair v. Google LLC, et al. Third Circuit 2019-02-01 Denied Response Waived abuse-of-discretion civil-procedure civil-rights due-process email-privacy federal-rules-of-civil-procedure fourth-amendment judicial-recusal law-enforcement-overreach privacy-rights recusal religious-discrimination search-and-seizure search-warrant standing Whether the District Judge has the authority to dismiss suit while his/her recusal remains pending and his/her disqualification and impartiality comes…
18-7662 Nolan Lewis v. United States Ninth Circuit 2019-01-30 Denied Response WaivedIFP abuse-of-discretion competency competency-evaluation criminal-procedure due-process guilty-plea judicial-discretion mental-competency ninth-circuit restitution restitution-hearing A. Whether the Ninth Circuit Court of Appeals applied the proper legal standard for determining whether the district court abused its discretion in fa…
18-7664 John Felix Greer v. United States Sixth Circuit 2019-01-30 Denied Response WaivedIFP abuse-of-discretion appellate-procedure appellate-review case-or-controversy civil-procedure court-of-appeals judicial-review jurisdiction jurisdiction-of-court jurisdictional-review legal-jurisdiction mandate mandate-recall procedural-error standing (1.) Whether notwithstanding the substance or character of the motion to recall the mandate the tnited tion without first deter -mininq whether a case…
18-7624 Mario Griffin v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2019-01-29 Denied IFP abuse-of-discretion apprendi-v-new-jersey apprendi-violation cruel-and-unusual-punishment due-process federal-law illegal-sentence ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-integrity manifest-injustice miscarriage-of-justice sentence-enhancement sentencing Does the sentence imposed constitute an illegal sentence under federal law and represent a manifest injustice calling in question the integrity of …
18-7549 Bonnie Robles v. Brookwood Terrace Apartments Kansas 2019-01-25 Denied IFP abuse-of-discretion administrative-law appellate-procedure appellate-review civil-procedure court-procedure due-process equal-protection judicial-discretion legal-fairness lower-court-rulings procedural-violations statutory-procedure Why should it be lawful for the lower court to ignore "STATUTORY PROCEDURE" violations by the Respondents during a lower court hearing and then questi…
18-7566 Pedro Goris, aka Pedro Goriz, aka Pedro Abreu v. United States Second Circuit 2019-01-24 Denied Response WaivedIFP abuse-of-discretion appeals appellate-review constitutional-review criminal-procedure criminal-sentencing due-process federal-sentencing-guidelines judicial-discretion reasonableness sentencing-guidelines sentencing-reasonableness substantive-reasonableness Whether Petitioner's sentence was both procedurally and substantively unreasonable.
18-951 T&T Rock Distribution, LLC v. Rutilio I. Velasco Texas 2019-01-22 Denied Response Waived abuse-of-discretion arbitration-agreement civil-procedure court-of-appeals discretionary-review federal-arbitration-act litigation-stay motion-to-compel standard-of-review stay-of-litigation trial-court-discretion Whether this Court should grant Petitioner's certiorari for because the Supreme Court of Texas denied Petitioner's Petition For Review and Motion For …
18-946 Abigail Arroyo v. Angel M. Torres-Sanchez, et al. First Circuit 2019-01-18 Denied abuse-of-discretion civil-procedure civil-rights constitutional-rights due-process federal-jurisdiction fifth-amendment judicial-discretion property property-rights public-interest standing takings By their deceit, abuse of discretion and unjust "fast track" imposed burden, Respondents violated the Petitioner's rights to life, liberty, pursuit of…
18-7462 William Anthony Johnson v. United States Sixth Circuit 2019-01-16 Denied Response WaivedIFP abuse-of-discretion appeals-court-discretion appellate-procedure civil-procedure constitutional-provisions court-discretion due-process finality finality-principle fundamental-miscarriage-of-justice judicial-discretion legal-finality mandate-recall miscarriage-of-justice recall-mandate statutory-provisions WHETHER THE APPEALS COURT ABUSED ITS DISCRETION IN DENYING PETITIONER'S MOTION TO RECALL MANDATE BASED ON ELEVATING THE PRINCIPLE OF FINALITY TO BE TH…
18-906 Charles G. Kinney v. Tani G. Cantil-Sakauye, et al. Ninth Circuit 2019-01-14 Denied abuse-of-discretion civil-procedure civil-rights constitutional-rights due-process first-amendment free-speech judicial-discretion separation-of-powers standing vexatious-litigant The vexatious litigant ("VL") laws are being used by state and federal courts to "punish" Kinney. Similar types of punishment have been imposed on lis…
18-7261 Keith Stuart Cumbee v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-01-07 Denied IFP abuse-of-discretion appeal appealability appellate-jurisdiction civil-procedure fraud-on-the-court habeas habeas-corpus judicial-discretion jurisdiction merits motion-to-reconsider procedural-error rule-60(b) Since denial of the prejudgment Rule 60(b) motion in habeas did not address merits of attorney dishonesty (fraud-on-the--court) did lower court clearl…
18-7120 Carlos Zuniga Hernandez v. United States Fifth Circuit 2018-12-19 Denied Response WaivedIFP abuse-of-discretion civil-procedure civil-procedure-rule-60-d constitutional-right district-court due-process evidentiary-hearing gonzalez-v-crosby rule-60-motion rule-60(d) standing successive-claim Whether a Rule 60(d) motion challenging only the District Court's failure to hold an evidentiary hearing presents a successive claim within the meanin…
18-7079 Franklyn Morillo v. United States First Circuit 2018-12-18 Denied Response WaivedIFP abuse-of-discretion appellate-waiver certiorari controlled-substances criminal-procedure district-court due-process first-impression first-impression' 'Should certiorari be granted i judicial-discretion knowing-intelligent-voluntary legal-standard plea-bargaining procedural-rights role-enhancement sentencing sentencing-guidelines standard-of-review' 'Should certiorari be granted 1. Should certiorari be granted to decide whether a district court can only ask a Petitioner a single question about an appellate waiver, even though …
18-7084 Anthony Steven Young v. United States Sixth Circuit 2018-12-18 Denied Response WaivedIFP abuse-of-discretion child-pornography close-scrutiny criminal-sentencing district-court-discretion internet-access relevant-conduct sentencing sentencing-guidelines standard-of-review ussg-2g2.2 1. What standard of review applies to the district court's decision to use the guideline for receiving or distributing child pornography to sentence …
18-769 Minnesota Living Assistance, Inc., dba Baywood Home Care v. Ken B. Peterson, et al. Eighth Circuit 2018-12-18 Denied Response Waived abstention abuse-of-discretion administrative-proceeding civil-administrative-proceeding civil-rights-preemption de-novo-review federal-preemption federal-question standard-of-review state-law younger-abstention younger-v-harris I. The question presented is whether the principles enunciated in Younger v. Harris and its progeny require a federal court, having properly before it…
18-7031 Kacey Lewis v. Angel Quiros, et al. Second Circuit 2018-12-14 Denied IFP abuse-of-discretion appeal appellate-procedure civil-procedure dismissal due-process in-forma-pauperis standing THE PETITIONER'S COURT OF APPEALS ERR IN DENYING THE PETITIONER'S MOTION TO PROCEED ON FORMA PAUPERIS ON APPEAL? DID THE COURT OF APPEALS ABUSE ITS DI…
18-6941 John Leslie Chapman v. Robert Lampert, Director, Wyoming Department of Corrections, et al. Wyoming 2018-12-07 Denied Response WaivedRelisted (2)IFP abuse-of-discretion constitutional-rights criminal-procedure due-process fourteenth-amendment judicial-discretion legal-advisement plea-bargaining sentencing void-judgment I. Whether or not the strictures of Federal Rules of Criminal Procedure Rule 1 1 and the Fourteenth Amendment due process were met concerning persona…
18-6927 In Re Jerry Urbina 2018-12-06 Denied IFP abuse-of-discretion criminal-procedure criminal-sentencing federal-courts judicial-discretion plea-agreement plea-bargaining retroactivity rule-11 sentencing-amendment sentencing-guidelines sentencing-reform statutory-interpretation WHETHER IN LIGHT OF THE SUPREME COURT HOLDING IN HUGHES V. UNITED STATES (CITATIONS OMITTED), THE LOWER COURTS ABUSED THEIR DISCRETION BY DENYING PETI…
18-6934 Bobby Evans v. United States Fourth Circuit 2018-12-06 Denied Response WaivedIFP abuse-of-discretion criminal-procedure criminal-sentencing drug-treatment federal-procedure purposes-of-supervised-release revocation sentencing supervised-release Whether revoking the supervised release term of a defendant who is in need of drug treatment, after he initially failed in a drug treatment program, i…
18-6805 Jose Rodriguez v. Daniel Paramo, Warden Ninth Circuit 2018-11-26 Denied IFP abuse-of-discretion constitutional-rights criminal-procedure due-process federal-question first-degree-murder ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence jury-instructions penal-code-187a principal reasonable-doubt Allege "INSUFFICIENT EVIDENCE" is FEDERAL QUESTION, Petitioner Mr. JOSE RODRIGUEZ, is not the PRINCIPAL Jury Instructions for count one and two, P.C. …
18-675 Lisa M. West v. Missouri Missouri 2018-11-23 Denied Response Waived abuse-of-discretion admissibility conviction-and-sentence criminal-appeal daubert-review daubert-standard evidence-admissibility expert-witness judicial-review missouri-law scientific-testimony standard-of-review trial-court-discretion 1. Whether this court should require a de nova review of the trial court's handling of scientific testimony to determine whether Daubert v. Merrell Do…
18-655 Craig J. Spitzer v. Trisha A. Aljoe, et al. Ninth Circuit 2018-11-20 Denied Response Waived abuse-of-discretion attorney-misconduct barton-doctrine civil-procedure civil-procedure-discovery-sanctions-public-entity- discovery discovery-sanctions discretionary-review frcp-26 public-entity sanctions section-1983 state-court-receiver Does a district court have a duty under FRCP 26(g)(3) to sanction public entities and their attorneys for improper withholding of documents requested …
18-6704 Aaron Jonathon Zemke v. Michigan Michigan 2018-11-14 Denied IFP abuse-of-discretion bias criminal-procedure ineffective-assistance judicial-bias judicial-discretion motion-to-withdraw plea-bargain plea-bargaining plea-withdrawal prejudice prosecutorial-bias prosecutorial-misconduct sixth-amendment trial-court-discretion Mr. Zemke received ineffective assistance under the Sixth Amendment when counsel misrepresented Mr. Zemke's case to induce a plea bargain, prejudiced …
18-6590 Salah Mohamed v. United States Fourth Circuit 2018-11-07 Denied Response WaivedIFP abuse-of-discretion aggravating-factor due-process escape flight-risk immigration naturalization naturalized-defendant sentencing-discretion sentencing-guidelines statutory-maximum Does a court abuse its discretion under the United States Sentencing Guidelines by sentencing a naturalized defendant more than three times above his …
18-598 Andrew Chien v. Andrew K. Clark, et al. Second Circuit 2018-11-06 Denied Response WaivedRelisted (2) abuse-of-discretion appellate-review civil-procedure due-process equitable-relief judicial-bias rico rico-act second-circuit-review standing summary-affirmance summary-judgment takings Whether the Racketeer Influenced and Corrupt Organ Whether the Second Circuit erred that to grant Appellees motion for summary affirmance while to deny Chien's three motions as moot, indicating so far …
18-6585 Raymond Alfred Gagnon v. United States Fifth Circuit 2018-11-06 Denied Response WaivedIFP abuse-of-discretion certificate-of-appeal civil-rights clear-and-convincing-evidence due-process fraud-on-the-court gonzalez-v-crosby habeas habeas-corpus prosecutorial-fraud rule-60 rule-60-motion second-or-successive-habeas-petition standing Whether the Appellate Court properly resolved the District Court's abuse of discretion while performing the threshold Rule 60 determination required u…
18-6561 In Re Jesus Denova Lopez 2018-11-05 Denied Response WaivedIFP abuse-of-discretion appellate-review circuit-court-discretion guidelines-range section-3553(a) section-3553a sentencing sentencing-guidelines sentencing-reasonableness standard-of-review substantive-reasonableness WHETHER THE PANEL OF THE FIFTH CIRCUIT COURT OF APPEALS ABUSED ITS DISCRETION BY THE RUBBERSTAMP OF THE ERRONEOUS AND IMPERMISSIBLE CONCLUSION OF ERST…
18-6518 Gregory Crum v. United States Fourth Circuit 2018-10-31 Denied Response WaivedIFP abuse-of-discretion criminal-procedure district-court-discretion drug-crimes drug-offense drug-offenses foreign-origin leadership-enhancement methamphetamine relevant-conduct sentencing sentencing-guidelines standard-of-review I. Whether the district court abused its discretion in determining relevant conduct. 2; Whether Greg Crum should receive a leadership enhancement. 3…
18-6523 Renee D. Bell v. Orlando Health, Inc., dba Winnie Palmer Hospital Florida 2018-10-31 Dismissed IFP abuse-of-discretion access-to-courts civil-procedure civil-procedure-dismissal constitutional-rights court-access due-process equal-protection pre-trial-conference procedural-due-process procedural-rights right-to-redress substantive-rights 1. Whether dismissal base on fail to meet a pre-trial conference is a drastic action, and where court access is barred prior to the dismissal that the…
18-6494 Terrance Johnson v. United States Eleventh Circuit 2018-10-30 Denied Response WaivedIFP abuse-of-discretion civil-procedure discretionary-review district-court due-process evidentiary-hearing habeas-corpus judicial-procedure motion-to-reopen post-conviction-relief rule-60(b) rule-60b section-2255 standard-of-review In 2013, the district court applied an incorrect legal standard when denying Terrance Johnson's §2255. In 2016, Mr. Johnson sought to reopen the §2255…
18-6489 Guetatchew Fikrou v. Montgomery County Office of Child Support Enforcement Division, et al. Ninth Circuit 2018-10-29 Denied Response WaivedIFP abuse-of-discretion bankruptcy bankruptcy-code child-support civil-procedure civil-rights due-process federal-jurisdiction federal-statute standing state-law supplemental-jurisdiction Whether the United States Supreme Court can review the abuse of discretions standard applied? Whether this Court would still review de novo the vast m…
18-6429 Victor Dewayne White v. Ector County Appraisal District Texas 2018-10-25 Denied Response WaivedIFP abuse-of-discretion california-v-larue civil-procedure civil-rights constitutional-interpretation court-discretion due-process federal-law judicial-ruling jurisdiction legal-procedure standing state-courts subject-matter-jurisdiction Did the Texas Courts abuse thier descretion when they ruled contrarily to established Federal Law, or as now Rule contrary to this Honorable Court's R…
18-517 Charles G. Kinney v. Philip Gutierrez Ninth Circuit 2018-10-19 Denied abuse-of-discretion bankruptcy-law civil-rights due-process free-speech judicial-discretion professional-speech section-1983 vexatious-litigant By simultaneously dismissing 8 of Kinney's pending appeals, did this 3 Judge panel abuse its discretion to cover-up acts by federal Judge Gutierrez wh…
18-508 Charles G. Kinney v. Tyson Takeuchi, et al. Ninth Circuit 2018-10-18 Denied Response Waived abuse-of-discretion bankruptcy bankruptcy-law civil-rights due-process false-statements federal-procedure free-speech judicial-discretion professional-speech By simultaneously dismissing 8 of Kinney's pending appeals, did this 3 Judge panel abuse its discretion by violating Janus and NIFLA to cover-up acts …
18-515 Charles G. Kinney v. Michele R. Clark, et al. Ninth Circuit 2018-10-18 Denied abuse-of-discretion bankruptcy bankruptcy-law civil-rights due-process federal-procedure free-speech judicial-discretion judicial-misconduct professional-speech By simultaneously dismissing 8 of Kinney's pending appeals, did this 3 Judge panel abuse its discretion by violating Janus and NIFLA to cover-up acts …
18-6386 Dora L. Adkins v. Whole Foods Market Group, Inc. Fourth Circuit 2018-10-18 Denied Response WaivedRelisted (2)IFP abuse-of-discretion breach-of-contract civil-procedure civil-rights dismissal district-court-dismissal due-process emotional-distress gross-negligence motion-to-dismiss reconsideration standing subject-matter-jurisdiction Whether the United States Court of Appeals for the Fourth Circuit erred when it affirmed in part, vacated in part, and remanded the case for further p…
18-6356 Earl Reyes v. Dale Artus Second Circuit 2018-10-17 Denied Response WaivedIFP abuse-of-discretion appellate-procedure certificate-of-appealability civil-procedure-appeal court-of-appeals federal-rules-of-appellate-procedure final-decision frap-rule-24 in-forma-pauperis indigent-appellant indigent-rights motion-to-vacate plain-error standing Whether the court of appeals abused its discretion Whether the court of appeals was correct to requir WHETHER IT WAS PLAIN ERROR FOR A COURT OF APPEALS TO DENY IN FORMA PAUPERIS RELIEF TO AN INDIGENT APPELLANT WHO LIKE THE PETITIONER IN THIS CASE-WAS I…
18-6349 Daniel Israel Palomino v. United States Ninth Circuit 2018-10-16 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure district-court-review due-process guideline-commentary judicial-discretion judicial-review legal-interpretation sentencing-factors sentencing-guidelines sentencing-procedure statutory-interpretation Whether a district court abuses its discretion in misapplying a sentencing guideline when it refuses to consider a factor expressly provided for in th…
18-452 Jesse L. Wesley, III v. Town Square Media West Central Radio Broadcasting, et al. Ninth Circuit 2018-10-11 Denied Response Waived abuse-of-discretion appellate-procedure civil-procedure de-novo de-novo-review motion-to-amend standard-of-review summary-judgment Whether a district court's decision on a motion to amend a summary judgment should be reviewed with the standard of abuse of discretion or de novo.
18-6273 Antoine Davis v. United States Third Circuit 2018-10-10 Denied Response WaivedRelisted (2)IFP abuse-of-discretion civil-procedure constitutional-rights due-process evidence evidence-exclusion fair-trial fifth-amendment government-witness ineffective-assistance-of-counsel plain-error sixth-amendment Whether the Lower Court Misapprehended its Abuse of discretion when the lower court excluded evidence of the Government witness, which evidence was pu…
18-6287 Billy Jack Crutsinger v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-10-10 Denied IFP 18-usc-3599 abuse-of-discretion constitutional-claim criminal-procedure-18-usc-3599 dna-evidence expert-services habeas-corpus judicial-discretion reasonable-necessity (1) Whether establishing that requested expert services are reasonably necessary to the representation under 18 U.S.C. § 3599 requires articulation of…
18-6260 Jaime Traverso v. Maryland Maryland 2018-10-09 Denied Response WaivedIFP abuse-of-discretion constitutional-law constitutional-review criminal-procedure due-process evidence-withholding full-faith-and-credit full-faith-credit-clause judicial-discretion law-of-case perjury prosecutorial-misconduct standing withheld-evidence DID THE MARYLAND COURT ABUSED ITSI DISCRETION BY REFUSING ESTABLISHED BY THE TESTIMONY OF A CONVICTED PERJURER, WITHHELD FROM M THE DEFENSE AND TO REV…
18-6215 Leonard Nathaniel Peragine, Jr. v. United States Eleventh Circuit 2018-10-05 Denied Response WaivedIFP abuse-of-discretion child-enticement child-pornography congressional-intent criminal-sentencing empirical-evidence guideline-calculation sentencing sentencing-guidelines statutory-interpretation Whether the district court's utilization of the child pornography guideline in Section 2G2.2 to determine the sentence for a defendant whose primary o…
18-6202 Amil Dinsio v. Appellate Division, Supreme Court of New York, Third Judicial Department Second Circuit 2018-10-03 Denied Response WaivedIFP abuse-of-discretion appellate-procedure appellate-review civil-procedure court-mandate discretion due-process federal-courts judicial-discretion legal-review mandate mandate-recall motion-denial recall standing Did the Second Circuit Court abuse its discretion when it denied the Petitioner's motion to recall the Court's mandate? See Exhibit B Did the Federal…
18-6207 Manuel Ernesto Paiz Guevara v. United States Fourth Circuit 2018-10-03 Denied Response RequestedResponse WaivedRelisted (2)IFP abuse-of-discretion capital-crime capital-punishment criminal-procedure death-penalty eighth-amendment fourth-circuit-split mandatory-sentencing miller-v-alabama right-to-counsel sentencing sentencing-discretion statutory-interpretation 1. Whether the Fourth Circuit erroneously held - in conflict with the plain language of 18 U.S.C. § 3005 and in conflict with a 45-year split between …
18-6171 Dion Terry Taylor v. United States Sixth Circuit 2018-10-02 Denied Response WaivedIFP abuse-of-discretion appellate-review district-court-discretion district-court-proceedings inter-circuit-inconsistency pinney-dock proof-standard sentencing sentencing-enhancement sixth-circuit sixth-circuit-standard standard-of-proof standard-of-review u-s-sentencing-guidelines u.s.s.g.-§5k2.1 unraised-claims 1. Whether this honorable Court should grant certiorari to clarify the Sixth Circuit's "Pinney Dock" standard governing review of claims which were no…
18-6145 Maurice Nichols v. United States Third Circuit 2018-10-01 Denied Response WaivedIFP abuse-of-discretion appeals appellate-jurisdiction civil-procedure civil-rights due-process habeas-corpus standard-of-review standing successive-petitions Did the District Court abuse its discretion in construing Appellant's Rule 60(b) motion as a "Second and Successive" 2255 Petition?
18-6150 Noel Aquino-Florenciani v. United States First Circuit 2018-10-01 Denied Response WaivedRelisted (2)IFP abuse-of-discretion child-pornography criminal-law criminal-procedure due-process internet-access internet-access-ban sentencing sentencing-guidelines supervised-release Whether the court's imposition of a total ban of internet access as a condition of supervised release is an overly broad and restrictive and without a…
18-6068 Rodney L. Jones v. Wendy Kelley, Director, Arkansas Department of Correction Eighth Circuit 2018-09-21 Denied Response WaivedIFP abuse-of-discretion appellate-review certificate-of-appealability civil-procedure court-of-appeals discretion due-process habeas-corpus tI(4Tk QQUtT CUT ci APpju 4u rr grc .X1' YJC TN(~'9 APPLIc,Tzc RQ rrFICAYB
18-6035 Zachary Chambers v. United States Third Circuit 2018-09-20 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-procedure habeas-corpus ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing sentencing-exposure sixth-amendment trial-counsel 1. Whether the lower court abused its discretion in ruling that trial counsel's erroneous advice about petitioner's sentencing exposure if he proceed …
18-6051 John Phillip Bender v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-09-20 Denied Response WaivedRelisted (2)IFP abuse-of-discretion aedpa-limitations appeal certificate-of-appealability civil-rights constitutional-claims due-process habeas habeas-corpus habeas-review prima-facie-innocence rule-60b standing Did the lower court clearly err abusing its discretion applying certificate of appealability ("COA") law outside Constitutional bounds, with no clear …
18-5988 Master Baye Balah Allah v. Brian Wilson, et al. Second Circuit 2018-09-14 Denied IFP 28-usc-1915-e abuse-of-discretion appellate-review civil-procedure civil-procedure,standing,due-process,abuse-of-disc court-of-appeals due-process evidence federal-statute legal-standard lower-court standing 1Whether the court of appeals abused its discrection by dismissing petitioners appeal under 28 U.S.C. 1915 (e) after four years of diliberating all th…
18-5968 In Re Jose Prisciliano Gracia-Cantu 2018-09-13 Denied Response WaivedIFP abuse-of-discretion criminal-sentencing federal-appeals-court federal-courts federal-prisoner judicial-discretion mandamus mandate mandate-stay resentencing sentencing-guidelines unreasonable-sentence vacated-sentence writ-of-mandamus After it has issued a decision holding that a federal prisoner is entitled to resentencing due to a Sentencing Guidelines calculation error, can a fed…
18-5970 Allen D. Gorion v. United States Ninth Circuit 2018-09-13 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-sentencing cruel-and-unusual-punishment due-process federal-sentencing judicial-discretion reasonableness reasonableness-standard sentencing-discretion sentencing-guidelines sentencing-reform Whether certiorari should be granted to set forth some guidelines in determining when a sentence is unreasonable?
18-5889 James Ronald Welch, Jr. v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-09-06 Denied Response WaivedIFP abuse-of-discretion appeals appellate-procedure appellate-review civil-procedure civil-rights court-procedure criminal-procedure due-process habeas-corpus judicial-discretion judicial-review legal-review standing 1. Will the Court allow U.S. Circuit Court Judge Kevin C. Newson (hereinafter "Judge Newson") to deny Appellant's (Welch) Appeal? 2. Will the Court a…
18-5872 Miguel Medina-Reyes v. United States Fifth Circuit 2018-09-04 Denied Response WaivedIFP 3553(a) drug-trafficking federal-criminal-justice-system pre-sentence-report sentencing 3553(a) 3553(a)-factors 3553a-factors abuse-of-discretion amendment-782 criminal-procedure drug-amount drug-quantity-attribution drug-trafficking-conspiracy due-process pre-sentence-report sentencing sentencing-discretion threshold Whether Petitioner's due process rights were violated where the district court erred by failing to determine whether, at sentencing, Petitioner was in…
18-5823 Alonzo D. Marshall v. United States District of Columbia 2018-08-29 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure due-process evidentiary-hearing innocence innocence-claim post-conviction-relief section-23-110 trial-court-discretion witness-credibility Alonzo Marshall Has vehemently challenged his guilt throughout these proceeding because he was not involved in the death of Michael Henry. Even though…
18-5760 William Benjamin Brown v. Andrew Mansukhani, Warden Fourth Circuit 2018-08-24 Denied Response RequestedResponse WaivedRelisted (2)IFP abuse-of-discretion administrative-law appellate-review civil-procedure constitutional-provisions due-process jurisdiction standing Did the District Court Abuse its Discretion By Not Addressing the Court Order? Did the Respondent Violate Rule 5 by not answering the Court Order? D…
18-5557 Matthew Joseph Bussing v. Michigan Michigan 2018-08-13 Denied IFP abuse-of-discretion civil-procedure civil-rights due-process evidence expert-testimony expert-witness standard-of-review supreme-court-precedent The Court abused its discretion when it permitted a rebuttal witness who was an expert in pediatric child abuse to testify outside her competency on b…
18-184 John Ayanbadejo v. Mark Siegl, et al. Fifth Circuit 2018-08-09 Denied Response Waived abuse-of-discretion administrative-law appellate-court appellate-review civil-procedure court-procedure district-court due-process immigration judicial-proceedings legal-standard mootness procedural-error standing Whether the Lower Appellate Court departed from the accepted and usual course of judicial proceedings, and/or sanctioned such a departure by the U.S. …
18-5515 Louie Anthony Salemi v. United States Eleventh Circuit 2018-08-09 Denied Response WaivedIFP 28-usc-2255 abuse-of-discretion boiler-plate-language certificate-of-appealability eleventh-circuit evidentiary-hearing habeas-corpus-review-2255-claims ineffective-assistance ineffective-assistance-of-counsel machibroda-v-united-states off-the-record-advice reasoned-opinion section-2255 summary-order The Eleventh Circuit Court of Appeals denied Mr. Salemi a certificate of appealability with a summary order using boiler plate language. Did the Eleve…
18-5522 Edward Vincent Ray v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2018-08-09 Denied Response WaivedIFP abuse-of-discretion appellate-review buck-v-davis civil-procedure civil-rights district-court due-process federal-courts gonzalez-v-crosby habeas-corpus legal-standard rule-60b standing successive-petition whether the United Stater District Court of Northern California abused ito discretion by construing Pettioners Federal Rules of Civ.l Procedure Rule 6…
18-5484 William N. Washington v. California California 2018-08-08 Denied Response WaivedIFP abuse-of-discretion criminal-sentencing custody-credits due-process equal-protection habeas-corpus original-sentence penal-code penal-code-1170.18 proposition-47 resentencing safe-neighborhoods-act sentencing sentencing-discretion WHETHER THE TRIAL COURT ERRED IN FAILING TO RECALCULATE ALL DAYS OF CUSTODY FROM THE DATE OF ORIGINAL JUDGMENT, AND ONLY AWARDED CUSTODY CREDITS FROM …
18-5476 Abdul Hakiym Ismaiyl v. Fatimah D. Brown, et al. Sixth Circuit 2018-08-07 Denied IFP abuse-of-discretion civil-procedure civil-procedure-52 clearly-erroneous due-process fabricated-facts fact-finding judicial-discretion pleadings rule-12b6 rule-52 rule-60 Whether the fact finding process under Fed. R. Civ. Proc 52, allowing a court (judge) to present the facts of a case in their own words, also permit a…
18-160 Charles G. Kinney v. United States Court of Appeals for the Ninth Circuit Ninth Circuit 2018-08-06 Denied Response Waived abuse-of-discretion civil-rights civil-rights-violation civil-rights-violations due-process first-amendment hobbs-act honest-services judicial-discretion pre-filing-order prosecutorial-acts prosecutorial-misconduct Did this Ninth Circuit panel abuse its discretion when acting as prosecutors of Kinney by issuing a global pre-filing review order only 22 days after …
18-90 Colonial School District v. Rena C. Third Circuit 2018-07-20 Denied abuse-of-discretion attorney-fees buckhannon-board-and-care-home buckhannon-rule catalyst-theory disabilities-education frivolous-litigation individuals-with-disabilities-education-act-2004 individuals-with-disabilities-education-improvemen pierce-v-underwood plenary-review settlement-offer Respondent, Rena C., filed a fee petition in district court. Finding that Rena C. "was not justified in ignoring and rejecting" Petitioner, Colonial S…
18-5270 Steven Lynn Deem v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-07-19 Denied IFP abuse-of-discretion actual-innocence certificate-of-appealability due-process federal-courts habeas-corpus ineffective-assistance-of-counsel jurists-of-reason merits-hearing procedural-standard self-representation Did the Fifth Court of Appeals abuse it's discretion when it denied the Petitioner's motion for a certificate of appealability (COA) because Deem fail…
18-80 Pamela Melvin v. Peter O'Rourke, Secretary of Veterans Affairs Federal Circuit 2018-07-17 Denied Response Waived abuse-of-discretion due-process equal-protection inherent-power judicial-review search-and-seizure standard-of-review statutory-interpretation veterans-affairs veterans-law waived-arguments Whether 38 USC §7292 prohibits review of the Veterans Court's decision and evidence. Whether the Federal Circuit's decision conflicts with this Court…
18-5188 James Wilks v. United States Fifth Circuit 2018-07-11 Denied Response WaivedIFP 18-usc-3553(a) abuse-of-discretion district-court judicial-discretion plain-error plainly-unreasonable revocation revocation-sentence sentencing sentencing-factors supervised-release unreasonable-sentence Did the District Court enter a plainly unreasonable sentence for revocation of supervised release when it did not properly balance the sentencing fact…
18-5178 Kimberly Baltimore v. Frank Stephen Buck Alabama 2018-07-10 Denied Relisted (2)IFP abuse-of-discretion civil-procedure-abuse-of-discretion-reversal-judgm civil-rights conspiracy district-court due-process fraud fraud-allegation judicial-misconduct legal-ethics procedural-irregularity standing unsworn-testimony Whether this court continue to let the appellee, Frank S. Buck hereinafter Buck, (or the defense) continue the "Because I said so" defense even with e…
18-5193 William Brown v. United States First Circuit 2018-07-10 Denied Response WaivedIFP abuse-of-discretion beckles-precedent beckles-v-united-states crime-of-violence due-process federal-sentencing-law johnson-v-united-states procedural-error residual-clause sentencing-guidelines void-for-vagueness Whether reliance on the "residual clause" of the "crime of violence" definition in the United States Sentencing Guidelines, U.S.S.G. § 4B1.2(a)(2), is…
18-5196 Jeffrey P. Corbin v. Federal Express, dba FedEx Fourth Circuit 2018-07-10 Denied IFP abuse-of-discretion civil-procedure civil-rights eeoc-charge employment-discrimination evidentiary-rulings retaliation subject-matter-jurisdiction title-vii Whether any of the district court's procedural and evidentiary rulings constituted an abuse of discretion requiring reversal of a judgement. Whether …
18-37 Securiforce International America, LLC v. United States Federal Circuit 2018-07-06 Denied Amici (1) abuse-of-discretion administrative-law authorized-agent authorized-official contract-termination discretionary-determination discretionary-determinations government-contracts government-procurement judicial-review procurement standard-of-review 1. May discretionary government procurement determinations be upheld as reasonable when the authorized official expressly disavows making the required…
18-5135 Mark Francis Honish v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-07-05 Denied Response RequestedRelisted (3)IFP abuse-of-discretion certificate-of-appealability due-process federal-procedure fifth-circuit habeas-corpus ineffective-assistance-of-counsel judicial-discretion statute-of-limitations statutory-interpretation time-limitation tolling WAS HONISH'S FIRST STATE HABEAS WRIT "APPLICATION" PROPERLY FILED WITHIN THE MEANING OF 28 U.S.C. §2244(d)(2), AND REQUIRED TO BE TOLLED? DID THE FIF…
18-5047 Keith Lamont Tutt v. United States Fourth Circuit 2018-06-29 Denied Response WaivedIFP abuse-of-discretion acceptance-of-responsibility corporate-liability criminal-procedure-due-process discretion due-process environmental-regulations fair-opportunity officer-responsibility plea-bargaining regulatory-compliance sentencing statutory-interpretation withdraw-guilty-plea withdrawal-of-plea 1) Whether the district court Prejudiced the defendant by denying him due process of a concerning his reasons for Wanting to withdraw his guilty plea …