No. 18-8771

Timothy Barr v. Rebecca Pearson, et al.

Lower Court: Eighth Circuit
Docketed: 2019-04-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-circuit-review burden-of-proof civil-procedure civil-rights due-process due-process-rights judicial-authority jury-trial prisoner-civil-rights prisoner-rights pro-se-litigation standing supreme-court-precedent
Key Terms:
Punishment
Latest Conference: 2019-05-30
Question Presented (AI Summary)

Does the 8th circuit federal court of appeals have the authority to supersede the standards and precedent set by the United States Supreme Court in prisoner's civil cases?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Does the 8th circuit federal court of appeals, have the authority to supersede the standards and precedent set by the United States Supreme Court in prisoner's civil cases? Whereas the 8th circuit court has created a standard of review, clearly in violation of both Erickson and Crawford-El, wherein the U.S Supreme Court has condemned re-characterizing the law as it relates to the burden of proof in prose litigation, thereby making this procedure an worthy question to be heard before this honorable court? 2. Whether the 8th circuit court of appeals violated petitioner's due process rights when they appointed counsel on appeal, and failing to remand the case to the district court, for the purpose of amending the lawsuit, so any appeal taken could be based on the amended complaint, so that the case could not be reviewed on a deficient record??? : 3. Whether or not the lower courts ‘unlawfully saddled petitioner with a burden that violated petitioner's rights to a jury trial, because such factual finding should be heard and decided by a jury, and not a judge, as demanded by the 7th amendment to the United States Constitution? : 4. Does the 8th circuit federal court of appeals, have the authority to supersede standards and precedent set by the United States Supreme Court in prisoner's civil cases? Whereas the 8th circuit court has created a standard of review,’ clearly in violation of both Erickson and Crawford-El, wherein the us supreme court has condemned re-charactering the law as it relates to the burden of proof in pro-se litigation, this: unlawful procedure usurps both Erickson and Crawford-El, thereby making this an worthy question to be heard before this honorable court?

Docket Entries

2019-06-03
Petition DENIED.
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-04-26
Waiver of right of respondents Rebecca Pearson, et al. to respond filed.
2019-04-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 10, 2019)

Attorneys

Rebecca Pearson, et al.
J. Thaddeus EckenrodeEckenrode & Maupin, Attorney At Law, Respondent
J. Thaddeus EckenrodeEckenrode & Maupin, Attorney At Law, Respondent
Timothy Barr
Timothy Barr — Petitioner
Timothy Barr — Petitioner