No. 18-7583

In Re Bill Herron

Lower Court: N/A
Docketed: 2019-01-28
Status: Dismissed
Type: IFP
IFP
Tags: adjudicatory-procedures administrative-procedure deprivation-of-property due-process judicial-review logan-v-zimmerman-brush-co mandamus missouri-administrative-procedure-act missouri-law property-interest property-rights
Key Terms:
AdministrativeLaw SocialSecurity DueProcess JusticiabilityDoctri
Latest Conference: 2019-03-29
Question Presented (AI Summary)

Where the District Court has repeatedly refused to address or adjudicate claims raised by a party, in this and other cases filed by Missouri Prisoner's alleging deprivation of property pursuant to and established state procedure, should this Court issue a writ of mandamus directing the District Court to adjudicate the unresolved issues, or explain why the adjudication was deemed unnecessary to the disposition of the case

Question Presented (OCR Extract)

QuESTIONS PRESENTED” Question 1: Where the District Court has repeatedly refused to address or adjudicate claims raised by a party, in this and other cases filed by Missouri Prisoner's alleging deprivation of property pursuant to and established state procedure, should this Court issue a writ of mandamus directing the District Court to adjudicate the unresolved issues, or explain why the adjudication was deemed unnecessary to the disposition of the case. The unresolved issues set forth in the Complaint are: a) That Petitioner is being denied the use of the established adjudicatory procedures set forth in the Missouri Administrative Procedure Act (MAPA) Chapter 536, RSMo. Section §§ 536.010 .150, RSMo, relating to deprivations of personal property, by the Missouri Department of Corrections (MDOC), pursuant to an established state procedure that denys due process. In Logan V. Zimmerman Brush Co.,102 S.ct. 1148, 1154-55 (1982), this Court held that the right to use state adjudicatory procedures is a constitutionally. protected property interest. (

Docket Entries

2019-04-01
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of mandamus is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam).
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-01-15
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due February 27, 2019)

Attorneys

Bill Herron
Bill Herron — Petitioner
Bill Herron — Petitioner