No. 18-6571

Mark Jervis v. Richard Brown, Warden

Lower Court: Seventh Circuit
Docketed: 2018-11-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure civil-rights constitutional-rights due-process e-filing-system habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel judicial-discretion prisoner-rights standing
Key Terms:
DueProcess FirstAmendment HabeasCorpus
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Does the District Court have the inherent power to rectify its own mistakes after creating a system that makes it nearly impossible for prisoners to check the status of their cases?

Question Presented (OCR Extract)

QUESTION PRESENTED I. The District Court mandates that all prisoner communications to and from the court be transmitted via the E-Filing system. Per policy, prisoners cannot mail letters to the District Court, and the prison’s legal librarian will not check the docket. Due to no fault of his own, Jervis did not receive the judgment denying his Petition for a Writ of Habeas Corpus. The District recalled and reissued the order, which was deemed ineffectual, and the appeal was dismissed. Does the District Court have the inherent power to rectify its own mistakes after creating a system that makes it nearly impossible for prisoners to check the status of their cases? Il. Trial counsel was ineffective in violation of the Fifth, Sixth, and Fourteenth Amendments of the United States Constitution. Ill. Appellate counsel was ineffective in violation of the Fifth, Sixth, and Fourteenth Amendments of the United States Constitution. 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 Brown, Warden to respond filed.
2018-10-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 5, 2018)

Attorneys

Brown, Warden
Stephen Richard Creason — Respondent
Stephen Richard Creason — Respondent
Mark Jervis
Mark M. Jervis — Petitioner
Mark M. Jervis — Petitioner