No. 18-6595

John Smith v. Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2018-11-07
Status: Denied
Type: IFP
IFP
Tags: appeal-dismissal due-process equal-protection fourteenth-amendment in-forma-pauperis mental-incompetence prisoner-rights
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Does treating a dismissed appeal of a mentally incompetent prisoner's case, who in good faith, untimely filed a motion to proceed in forma pauperis, constitute a denied right under the Due Process and Equal Protection Clauses of the Fourteenth Amendment, United States Constitution if appeal is not reinstated once the deficiency is corrected?

Question Presented (OCR Extract)

QUESTION PRESENTED Petitioner, John Smith tenders this question, which should be agreed upon to hear and decide: Does treating a dismissed appeal of a mentally incompetent prisoner’s case, who in good faith, untimely filed a motion to proceed in forma pauperis, constitute a denied right under the Due Process and Equal Protection Clauses of the Fourteenth Amendment, United States : Constitution if appeal is not reinstated once the deficiency is corrected. 1

Docket Entries

2019-01-07
Petition DENIED.
2018-12-20
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 December 7, 2018)

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