No. 18-8365

Derrick Scott v. Allen Stark, et al.

Lower Court: Fifth Circuit
Docketed: 2019-03-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure civil-procedure civil-rights constitutional-rights court-filing due-process imminent-danger in-forma-pauperis prisoner-rights standing three-strikes
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-05-09
Question Presented (AI Summary)

Whether the middle district Court and Fifth Circuit court of appeals erred in refusing to allow the petitioner to proceed IFP as an indigent prose prisoner because he did not have the money to pay the full court fee and the full appeal fee

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the middle district Court and FifthCircuit court of apPeals in Conflict with Congress Plain. and lansudse meaning of its excettion to Statute-d8 U.9.6.59.3 415 three --Strikes * Provision rule. Whether the middie district Court cand Fifth Grcuit court of aPPe ale evred to refuse to allowed me. to Proceed: IFP as. ot indiaent Prase Prisoner because i did not have the money to Paythe full court fee and. the. Full GPPeal fe. . | WW THE SUPREME COURT OF THE UNETED STATES. | | In Re, DERRICK SCOTT. Petitioner, < \L . ALLEN STARK et atv ResPondents. PETITION FOR A WALT OF CERTIORART TO THE UNETED STATES COURT OF APPEALS . ——POR THE FIETH CIRCUIT “ DECISTONS BELOW | The decision of the United States Court of Appeals for the Fifth CirCuit is unreferted, cand See. Copy with this Petition. The Order of Uvited States District Court for the Middle District is not rePovted. and acAPY is With this Petition. JURISDICTION The Judoment of the United States Court of ApPeals far the Fifth Circuit Was enter on Jan 4.201%. Jurisdiction ts conferred onthe Sue reme. Court of the. United States bY, 4, : A’ Prisoners Athether already convicted of a Crime or merelY awaiting trials dees not Shed all his Constitutional rishts When he Puts on Jail Clothing. This Court tS restricted under its Jurisdictional Power +o review those issue that \ialates any Proni bition of the Constitution committed bY inferior federal Judicial system or any decision of 4 federal court of a?Pedls. under this Court constitutional rabtisGted duty, is Constitutionally Obtisated under tts duvisdit-tion bound to discharge its constitutionally duty. When Jurisdiction 18 Properly iniokeds +o Protect Prisoners’ Constitutional 9uaranteed: rishts» for (ahere iS NO iran curtain drawn between the Constitution and the Prisoners of this county STATEMENT OFTHE CASE Aw Nov 4, 3617 while i was housed at Elyan Hunt correctional center herein after is (EHCC), While 1 Was in full restraints (EHee) officer Lt. stark Physically Gthacked me. bY Slamins meen the 9veund and Set on toP of me. cand beginins beatins we with his bare. Fist. As a direct result of€ the officer use. af excesaivie force. uPen me. 1 SUstalin several PhYsical serious tnduries to mY bady that required medical attention. L filed my HimelY comPl aint tp the middle distvict an Now.4:11 the same dav of the Ph¥sical attack uPon me bY Lt. stark by indigent Withdrawal form. to Proceed with my ComPlaint IEP a. Pursuant to a8 ust. 1415 (3) excePtion under imminent dander «OF Serious Physical inaury @t the time of filina mY suit to the middle district Court. See ( cory of my Nowd, 2017 Withdrawal receipt Showing 1 made @ attemft to mail my imminent danger suit through CEHCe) mail hox S¥yatem to be mailed to the middle district on the time and at time i was in imminent dander on NOV 4, AGIT. See the StamP stamPed an mY Now, Ant Wwithdrawal receiPt by CEHCC) mailroom and business DePt-receied mY Nova.a0l7 imminent danger Suit and mailed it to | the middle district Clerk On Nace Nov 20, 2617. The middle district Clerk Obstructed mY Nett % 2017 suit access From being Filed on docket within its court after Tor g marths had Pass and i didnt receiiied no resPonse back from the middle district an Oct 71,2018 i refiled mY Nov 9.2017 Suit to the middle district exPlaining mY reason for Why i Was vefiling my Nov4, 2017 along witha cory of my Nov 4.4017, Withdrawal receiPt Shawins \Nhere. CEHCO mail ed mY Nov 4.3017 Suit they Court Nov 28,2017. The middte district Hivn @ blind eves and deaf ears to the copy or mY Withdrawal veceiPt and tanore it Showind where CEKce) Stam? Showin Where theY mailed my Now 9, a017 Suit to they court Nov 40; ao. On NOW 16,2018 the middle district disredarded the receiPt Cop of mY withdrawal receiPt bY CEHCO), and denied mY Ott 1; 401g refiled Nov 49,2017 Suit to Preceed IFP Pursuant to the excePtion oF 141Sca under imminent danger. loasis on mY Now, 017 Suit diditt allege imminent danger and

Docket Entries

2019-05-13
Petition DENIED.
2019-04-24
DISTRIBUTED for Conference of 5/9/2019.
2019-04-11
Waiver of right of respondents Allen Stark, et al. to respond filed.
2019-02-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 10, 2019)

Attorneys

Allen Stark, et al.
Jonathan R. ViningLouisiana Department of Public Safety and Corrections, Respondent
Jonathan R. ViningLouisiana Department of Public Safety and Corrections, Respondent
Derrick Scott
Derrick Scott — Petitioner
Derrick Scott — Petitioner