Joshua G. Stegemann v. United States
JusticiabilityDoctri
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)
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