No. 18-6506

Guy Boudreaux, Jr. v. Timothy Hooper, Warden

Lower Court: Fifth Circuit
Docketed: 2018-10-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: access-to-courts access-to-justice civil-rights constitutional-rights due-process habeas-corpus ineffective-assistance-counsel judicial-procedure legal-education legal-mail legal-representation pro-se pro-se-litigants pro-se-litigation procedural-error right-of-access-to-courts
Key Terms:
HabeasCorpus
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Is our system of justice truly just when it requires an attorney to attend six years of college prior to being permitted to practice law, but requires an uneducated man, who can not read nor write, to learn everything and practice law in a pro se manner in one year?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Is our system of justice truly just when it requires an attorney to attend six years of college prior to being permitted to practice law, but requires an uneducated man, who can not read nor write, to learn everything and practice law in a pro se manner in one year? Are pro se litigants denied access to the justice system where a prisoner's right of access to the courts remain somewhat obscure since this Honorable Supreme Court has not extended this right to encompass more than the ability of an inmate to prepare and transmit a necessary legal document to a court. Brewer v. Wilkinson, 3 F.3d at 821; Lewis, 518 U.S. at 351, 116 S. Ct. at 2179-81; Norton v. Dimazana, 122 F.3d at 290; Eason v. Thaler, 73 F.3d_1322, 1329 (5th Cir.1996). Isn't this the same right given by the United States Postal Service? When a defendant is charged with a sex offense and hires an attorney to assist him, why are these attorneys not held accountable by the courts for not following the laws, rules and/or procedures when their client becomes procedurally barred due directly to their actions? (See Martinez v. Ryan, 566 U.S. 1, 132 S. Ct. 1309, 182 L. Ed. 2d 272, and Trevino v. Thaler, 569 U.S. 413, 133 S. Ct. 1911, 185 L. Ed. 2D 1044) Does a procedural error made by an untrained pro se litigant who is ignorant of the law supersede the unquestionable violations of his rights as numerated by the United States Constitution and referenced by over 100 submitted legal authorities? In the same vein of offenders committed to a life sentence of incarceration is a petitioner convicted of a sex crime offense who is or may be a party to life long offender registration given more leeway when having navigating the stringent rules relegating timelessness of various applications for post-conviction relief (including Habeas Corpus under 28 USC § 2254 and state post-conviction regulations), especially if the applicant is a pro se litigant? And specifically concerning the Circuit Court's ruling on my Rule 60(b) motion, does an incarcerated petitioner, in accordance with 28 USC § 636 (b)(1) and Fed. R. Civ. P. 72 (b), have 14 days to file objections to _a United States Magistrate Judge's Report and Recommendation from the date that the report was signed by the Magistrate Judge or 14 days from the receipt of that report when considering the processes of a prison's legal mail system? : 2

Docket Entries

2019-01-07
Petition DENIED.
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-12-03
Waiver of right of respondent Timothy Hooper, Warden to respond filed.
2018-03-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 29, 2018)
2018-03-20
Application (17A993) granted by Justice Thomas extending the time to file until March 25, 2018.
2018-01-13
Application (17A993) to extend the time to file a petition for a writ of certiorari from January 24, 2018 to March 25, 2018, submitted to Justice Thomas.

Attorneys

Guy Boudreaux
Guy Boudreaux Jr. — Petitioner
Guy Boudreaux Jr. — Petitioner
Timothy Hooper, Warden
Matthew CaplanDistrict Attorney, 22nd Judicial District, State of Louisiana, Respondent
Matthew CaplanDistrict Attorney, 22nd Judicial District, State of Louisiana, Respondent