No. 18-7998

Bobby Charles Byrd v. W. W. Lindsey, et al.

Lower Court: Fifth Circuit
Docketed: 2019-02-15
Status: Denied
Type: IFP
IFP
Tags: ada-accommodation appointment-of-counsel civil-rights disability-rights due-process exceptional-circumstances judicial-discretion pro-se pro-se-litigant rehabilitation-act
Key Terms:
SocialSecurity DueProcess Patent
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Does the district court have an obligation to appoint counsel for an ADA-eligible pro se pauper litigant prevented from conducting their own trial due to physical or mental disability?

Question Presented (OCR Extract)

No question identified. : ONS PRESENTED FO: VI 1. As a Recipient of Federal Funds, Do United States District Courts have an Obligation ; under the Americans With Disabilities Act ADA”) and Rehabilitation Act [“RA”] to Appoint Counsel to Assist an ADA-Eligible Pro Se Pauper Litigant Who Is Prevented From Conducting his Own Trial on the Merits Because of the Severe Effects of a Physical or Mental Handicap? In Civil Rights Case of an ADA-Eligible Pauper Litigant Prevented By Physical or Mental Handicap from prosecuting his own trial, Does such Physical or Mental Handicap constitute “Exceptional Circumstances” as contemplated under Ulmer v. Chancellor, 691 F.2d. 209, 212 (Sth Cir. 1982), requiring ADA Accommodation by Appointment of Counsel? ; Did the District Court’s Conduct and Actions Demonstrate “Exceptional Circumstances” Actually Existed in this Case Despite Written Rulings Otherwise Thereby Showing It was An Abuse of Discretion to Deny Appointment of Counsel? _

Docket Entries

2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2018-09-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 18, 2019)

Attorneys

Bobby Charles Byrd
Bobby Byrd — Petitioner
Bobby Byrd — Petitioner