No. 18-8363

Joshua G. Stegemann v. United States

Lower Court: Second Circuit
Docketed: 2019-03-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-1915 appellate-procedure circuit-court criminal-appeal dismissal federal-rules greenlaw-v-united-states gvr in-forma-pauperis neitzke-v-williams party-presentation-rule sua-sponte sua-sponte-dismissal
Key Terms:
JusticiabilityDoctri
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Whether the Second Circuit may dismiss a criminal appeal sua sponte under Neitzke v. Williams and 28 U.S.C. § 1915 (e) without briefing by any party and without rescindment of in forma pauperis status by the District Court under Fed. R. App. P. 24 (a) (3)

Question Presented (OCR Extract)

No question identified. : « QUESTIONS 1. May the Second Circuit dismiss a criminal appeal sua sponte under Neitzke v. Williams and 28 U.S.C. § 1915 (e) without briefing by any party and without rescindment of in forma pauperis status by the District Court under Fed. R. App. P. 24 (a) (3)? 2. Did the Second Circuit violate the party presentation rule as defined in Greenlaw v. United States by dismissing the appeal sua sponte thus warranting disposition by way of a GVR? 1

Docket Entries

2019-04-15
Petition DENIED.
2019-03-21
DISTRIBUTED for Conference of 4/12/2019.
2019-03-18
Waiver of right of respondent United States to respond filed.
2019-02-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 10, 2019)

Attorneys

Joshua G. Stegman
Joshua G. Stegemann — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent