No. 19-5776

Benjamin R. Schwarz v. Erwin Meinberg, et al.

Lower Court: Ninth Circuit
Docketed: 2019-09-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: affidavit assets bivens-claim civil-procedure civil-rights constitutional-rights due-process eighth-amendment federal-inmate financial-disclosure free-speech in-forma-pauperis liabilities prison-conditions standing takings ziglar-precedent
Key Terms:
DueProcess FifthAmendment Punishment JusticiabilityDoctri
Latest Conference: 2019-11-01
Question Presented (AI Summary)

Whether the Ninth Circuit erred in dismissing petitioner's civil rights claims for lack of standing

Question Presented (OCR Extract)

No question identified. : No, ——_-__ IN THE SUPREME COURT OF THE UNITED STATES BEN TAMIN SCHWARZ. perrrioner (Your Name) VS. ERWIN MEINBERG — responDENTS) : MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS The petitioner asks leave to file the attached petition for a writ of certiorari without prepayment of costs and to proceed in forma pauperis. Please check the appropriate boxes: Yi Petitioner has previously been granted leave to proceed in forma pauperis in the following court(s): Cc. 7 CA (Petitioner has not previously been granted leave to proceed in forma pauperis in any other court. J Petitioner's affidavit or declaration in support of this motion is attached hereto. CO Petitioner’s affidavit or declaration is not attached because the court below appointed counsel in the current proceeding, and: OThe appointment was made under the following provision of law: —_ a 0) Cla copy of the order of appointment is appended. w (Signature) la AFFIDAVIT OR DECLARATION IN SUPPORT OF MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS I, _ Bengal Seppe, am the petitioner in the above-entitled case. In support of my motion to proceed in forma pauperis, I state that because of my poverty I am unable to pay the costs of this case or to give security therefor; and I believe I am entitled to redress. 1. For both you and your spouse éstimate the average amount of money received from each of the following sources during the past 12 months. Adjust any amount that was received weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use gross amounts, that is, amounts before any deductions for taxes or otherwise. Income source Average monthly amount during Amount expected the past 12 months next month You Sp iel/ You Spodse IF Employment g$2cce § g At) Self-employment g_O ss F6 g_ 0 Income from real property g__ © $ $ o $ (such as rental income) Interest and dividends $ g $ g$_? Gifts $___ © $ $ $ Alimony g__ 0 $ $2 = =§ Child Support $__Q. § $_ 0 §, Retirement (such as social $. ia} $. $ Os § security, pensions, annuities, insurance) Disability (such as social 3? $ 3__0 $ security, insurance payments) | Unemployment payments g$_¥ _. § gs_C gg Public-assistance $. _o $ $__O $ (such as welfare) i Other (specify): $_0 _ § | $0 sg | Total monthly income: $_2UtY g_ 20M) $_! . , ! V Thee % |W Spouse. 2. List your employment history for the past two years, most recent first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of Gross monthly pay ; . Employment faael pin (7G! louder y st Ya 2Cil~ Caer? $2, bb0) —— ee ee $s ee —_— — $. 3. List your spouse’s employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of Gross monthly pay Employment There 16 no Spouse $e a — ee $u ——_ — ee $e | 4. How much cash do you. ave? $e Below, state any money you or your spouse have in bank accounts or in any other financial institution. Type of account (e.g., checking or savings) Amount you have Amount your spouse has rhe cece dy $_ Teo $e Suave Ae, $. Yi _$e ce 5. List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary household furnishings. 0) Home . CJ Other real estate Value Value & Motor Vehicle #1 . _ C) Motor Vehicle #2 Year, make & model _ACiL FSC Year, make & model Value ~ 15660 Value O Other assets Description : mn Value le 6. State every person, business, or organization owing you or your spouse money, and the amount owed. Person owing you or Amount owed to you Amount owed to your spouse your spouse money _Vene s BO s_ ee $o $F ee $e $ 7. State the persons who rely on you oryounannsny support. For minor children, list initials instead of names (e.g. “J.S.” instead of “John Si ”). Name Relationship Age HL. (agel0) daughter 1 8. Estimate the average monthly expenses of you and your family. Show separately the amounts paid by your spouse. Adjust any payments that are mad

Docket Entries

2019-11-04
Petition DENIED.
2019-10-17
DISTRIBUTED for Conference of 11/1/2019.
2019-10-03
Waiver of right of respondents United States to respond filed.
2019-07-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 3, 2019)

Attorneys

Benjamin Schwarz
Joseph ReichmannYagman & Reichmann, Petitioner
Joseph ReichmannYagman & Reichmann, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent