No. 18-7411

David H. Jacob v. Rosalyn Cotton, Chairperson, Nebraska Board of Parole, et al.

Lower Court: Eighth Circuit
Docketed: 2019-01-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 42-usc-1983 allen-v-mccurry civil-rights collateral-estoppel constitutional-claims due-process failure-to-state-a-claim federal-petition haines-v-kerner parole-board section-1983
Key Terms:
AdministrativeLaw DueProcess
Latest Conference: 2019-03-15
Question Presented (AI Summary)

Can the U.S. District Court, after first finding the Federal Petition does in fact allege federal constitutional claims, summarily dismiss the Federal Petition by giving a collateral estoppel effect to the state court decision of FAILURE TO STATE A CLAIM without violating the holdings in Haines v. Kerner, 404 U.S. 519 (1972) and Allen v. McCurry, 449 U.S. 90 (1980)?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED i . The Petitioner first filed a state court declaratory judgment action claiming . ‘that the state Parole Board had (1) made an ex post facto change to parole suitability standards and (2) that new parole procedures, implemented after the decision in Greenholtz v. Inmates, 442 U.S. 1 (1976), violated Due Process. The state courts summarily dismissed these claims for FAILURE TO STATE A CLAIM for which relief can be granted. The Petitioner then filed an action under 42 U.S.c. §1983 in the U.S. District Court making the same federal constitutional claims. : QUESTION: Can the U.S. District Court, after first finding the Federal Petition does in fact allege federal constitutional claims, summarily dismiss the Federal Petition by giving a collateral estoppel effect to the state court decision of FAILURE TO STATE A CLAIM without violating the holdings in Haines v. Kerner, 404 U.S. 519 (1972) and Allen v. McCurry, 449 U.S. 90 (1980)? ib is

Docket Entries

2019-03-18
Petition DENIED.
2019-03-01
Waiver of right of respondents Rosalyn Cotton, et al. to respond filed.
2019-02-28
DISTRIBUTED for Conference of 3/15/2019.
2018-10-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 14, 2019)

Attorneys

David Jacob
David H. Jacob — Petitioner
Rosalyn Cotton, et al.
James D. SmithNebraska Department of Justice, Respondent