No. 18-7311

Keenan G. Wilkins, aka Nerrah Brown v. Paul Gonzalez, et al.

Lower Court: Ninth Circuit
Docketed: 2019-01-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeals circuit-split civil-procedure civil-rights dismissal due-process equal-protection standing
Latest Conference: 2019-02-22
Question Presented (from Petition)

Does The Reasoning of This Court Asserted in Buck v Davis (2017) 137 S.Ct.759 also apply to Civil Appeals? (i.e. when all is before the Court is whether to allow IFP Status Appeal -- Can the Court decide on the Merits of the unbriefed appeal, label it "Frivolous" and count it as a Section 1915 Strike?)

Can Plaintiffs Appeal seeking to Challenge a District Courts dismissal of his entire complaint for alleged improper joinder of Claims in which Three of the Defendants are the same Claim held in this courts Standards under Neitzke v Williams (1989) 490 Us 319?

Can this Court Settle the dispute among Circuits (Ninth, Tenth and Eleventh) on whether dismissal for failure to prosecute (confer: O'neal v Price, 531 F3d 1146 9th Cir 2008; Hafed v Fed Bureau of Prison, 635 F3d 1172 10th Cir 2011; Baker v Com. GDOC, 820 F3d 1278 11th Cir 2016)?

Question Presented (AI Summary)

Whether the reasoning of the Court in Buck v. Davis (2017) 137 S.Ct. 759 also applies to the Court of Appeals

Docket Entries

2019-02-25
Petition DENIED.
2019-02-07
DISTRIBUTED for Conference of 2/22/2019.
2019-01-29
Waiver of right of respondents Paul Gonzalez, et al. to respond filed.
2018-12-17
Application (18A619) granted by Justice Kagan extending the time to file until December 29, 2018.
2018-12-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 7, 2019)
2018-11-27
Application (18A619) to extend the time to file a petition for a writ of certiorari from November 29, 2018 to December 29, 2018, submitted to Justice Kagan.

Attorneys

Keenan G. Wilkins
Keenan G. Wilkins — Petitioner
Paul Gonzalez, et al.
David Charles GoodwinState of California Department of Justice, Office of the Attorney General, Respondent