No. 18-6503

Thomas P. Richard, Sr. v. District Attorney of Westmoreland County, Pennsylvania, et al.

Lower Court: Third Circuit
Docketed: 2018-10-31
Status: Dismissed
Type: IFP
IFP
Tags: access-to-courts civil-procedure civil-rights due-process fundamental-fairness habeas-corpus prohibited-punishment section-1983 standing structural-error
Key Terms:
SocialSecurity DueProcess FifthAmendment HabeasCorpus JusticiabilityDoctri ClassAction
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Did the Courts below commit structural error by usurping Law to improperly re-characterize a Class Action §1983 Complaint as Habeas Corpus

Question Presented (OCR Extract)

QUESTION PRESENTED © Did the Courts below commit structural error by usurping Law to improperly re-characterize a Class Action §1983 Complaint as Habeas Corpus which seriously undermines fundamental fairness, reaching the desired hypothetical judgment, whare the State's "Access toa the Courts" scheme is inherently unreliable to process a claim of a now declared prohibited punishment ? : Should the question left open in Lewis v.Casey, be now fully answered by This Court, with respect to the question above 7? *Id, @, 518 U.S. @, 400-01 i. " PARTIES INVOLVED The Petitioner, Thomas P, Richard Sr., is an inmate confined at SCI Phoenix, (EM-8033), P.0.Box 244, Collegeville, Pa. 19426-0244. Mr. Richard is representing the "Class", himself, as the Court below had not allowed any time for anyone else to interplead and join the Class Suit. Respondents, (Defendants), John Peck, Barbara Jollie, and District Attorney's Office; ara all representatives of the District wherein they reside and are employed. These Respondents are represented by Counsel of Record, David Regoli, Esq., 2 North Main Streat, Suite 206 Greensburg, Pa. 15601. Respondent, (Defendant), Josh Shapiro, 4s the State Attorney for the State of Pennsylvania, to whom, is being represented by Counsel of Record, Yana Warshafsky, Esq. 6th Floor Manor Complex, 564 Forbes Ave., Pittsburgh, Pa. 15219. : di.

Docket Entries

2019-01-07
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2018-12-13
DISTRIBUTED for Conference of 1/4/2019.
2018-10-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 30, 2018)

Attorneys

Thomas P. Richard
Thomas P. Richard Sr. — Petitioner
Thomas P. Richard Sr. — Petitioner