No. 19-5249

George E. Kersey v. Herb Chambers 1186, Inc., et al.

Lower Court: First Circuit
Docketed: 2019-07-22
Status: Dismissed
Type: IFP
IFP
Tags: appeal appeals civil-procedure complaint-dismissal court-of-appeals district-court due-process filing-fee frivolous in-forma-pauperis pro-se-litigation sanctions screening standing
Key Terms:
Jurisdiction
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the Court of Appeals properly affirmed the District Court's certification that the appeal was not taken in good faith

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether the Court of Appeals properly affirmed the District Court's certification that the appeal was not taken in good faith 2. Whether the 28 U.S.C. § 1915(a)(3). and Coppedge v. United States, 369 U.S. 438, 445 (1962). Are proper authorities for denying a request to proceed IFP on appeal in view of the fact that they involved criminal cases. 3. Whether the court of Appeals should have advised that his appeal would be denied unless appellant paid the required filing fee. Petitioner was notified that he either had to pay the fee or seek pauper status . To deny pauper status and not permit payment denies due process. Just because a person is a pauper doesn’t mean that he cannot get someone to help him financially, or he could forego paying for meals 4, Whether the Petitioner’s complaint in the District Court had merit. Seeing that the Defendant was trying to get a larger car payment than provided in the contract between the parties 5. Whether Petitioner was granted in forma pauperis (IFP) status in the District Court. 6. Whether Petitioner’s request to proceed IFP on appeal should nave been denied. 7 Whether the district court’s memorandum and order of dismissal of the complaint was proper. . 8. Whether a substantial question is presented on appeal, and the judgment of the district court should be summarily reversed. See_1st Cir. R. 27.0(c). 9. Whether The district court properly screened the complaint under 28 U.S.C. § 1915(e)(2) which provides: Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that(A) the allegation of poverty is untrue; or (B) the action or appeal (1) is frivolous or malicious; (11) fails to slate a claim ; on which relief may be granted, or (iii) seeks monetary relief against a defendant who is immune from such relief. 10. Whether the Court properly failed to grant sanctions to Plaintiff : 1

Docket Entries

2019-10-07
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2019-09-05
DISTRIBUTED for Conference of 10/1/2019.
2019-05-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 21, 2019)

Attorneys

George Kersey
George E. Kersey — Petitioner
George E. Kersey — Petitioner