No. 19-6057

Shane Austin Peters v. Eric Arnold, Warden

Lower Court: Ninth Circuit
Docketed: 2019-09-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-amendment civil-procedure civil-rights costs court-access due-process in-forma-pauperis indigent-status juvenile-justice legal-proceeding parole poverty poverty-affidavit redress security sentencing
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-11-01
Question Presented (AI Summary)

Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the imposition of life sentences on juvenile offenders convicted of non-homicide crimes

Question Presented (OCR Extract)

No question identified. : DECLARATION IN SUPPORT OF MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS I, Shane Austin Peters, 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 estimate 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 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 Spouse You Spouse Employment $0.00 $ n/a $0.00 $ n/a Self-employment $0.00 $ n/a $0.00 $ n/a Income from real $0.00 $ n/a $0.00 $ n/a Property (such as Rental income) Interest and dividends $0.00 $ n/a $0.00 $ n/a Gifts $0.00 $ n/a $0.00 $ n/a Alimony $0.00 $ n/a $0.00 $ n/a Child Support $0.00 $ n/a $0.00 $ n/a Retirement (such as $0.00 $ n/a $0.00 $ n/a social security, pensions, annuities, insurance) Disability (such as $0.00 $ n/a $0.00 $ n/a social security, insurance payments) 1 Unemployment $0.00 $ n/a $0.00 $ n/a payments Public-assistance $0.00 $ n/a $0.00 $ n/a (such as welfare) Other (specify): $0.00 $ n/a $0.00 $ n/a Total monthly $0.00 $ n/a $0.00 $ n/a Income 2. List your employment history for the past two years, most recent first. (Gross monthly pay before taxes or other deductions.) Employer Address Dates of Gross monthly pay Employment _—__n/a___ ee OO $___—-0.00__ a a a $e —_ —_ —_ $e 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 _—__n/a___ ee OO $___—-0.00__ a a a $e —_ —_ —_ $e 2 4. How much cash do you and your spouse have? $0.00 . Below, state any money you or your spouse have in bank accounts or in any other financial institution. Financial Type of Amount you Amount your Institution account have spouse has n/a $ 0.00 $ 0.00 ee ee ee S$ ee ee ee S$ 5. List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary household furnishings. [ ] Home n/a [ ] Other real estate n/a Value 0.00 Value 0.00 [ ] Motor vehicle #1 n/a [ ] Motor vehicle #2 n/a Year, make & model___n/a Year, make & model __ n/a Value 0.00 Value 0.00 [ ] Other assets n/a Description n/a Value 0.00 6. State every person, business, or organization owing you or your spouse money, and the amount owed. Person owing Amount owed to Amount owed to Money you your spouse n/a $ 0.00 $ 0.00 ee $e $e a S$ S$ 3 7. State the persons who rely on you or your spouse for support. Name Relationship Age a a _ na 8. Estimate the average monthly expenses of you and your family. Show separately the amounts paid by your spouse. Adjust any payments that are made weekly, biweekly, quarterly, or annually to show the monthly rate. You Your spouse Rent or home-mortgage payment $ 0.00 $ n/a (include lot rented for mobile home) Are any real estate taxes included? [] Yes [ ] No Is property insurance included? [] Yes [ ] No Utilities (electricity, heating, fuel, $ 0.00 $ n/a water, sewer, and telephone) Home maintenance (repairs and $ 0.00 $ n/a upkeep) Food $ 0.00 $ n/a Clothing $ 0.00 $ n/a Laundry and dry-cleaning $ 0.00 $ n/a Medical and dental expenses $ 0.00 $ n/a Transportation (not including $ 0.00 $ n/a Motor vehicle payments) 4 Recreation, entertainment, $ 0.00 $ n/a newspapers, magazines, ect. Homeowner’s or renter’s $ 0.00 $ n/a Life $ 0.00 $ n/a Health $ 0.00 $ n/a Motor vehicle $ 0.00 $ n/a Other: n/a $ 0.00 $ n/a Taxes (not deducted from wages or $ 0.00 $ n/a included in mortgage payments) (specify): ___n/a Installment payments $ 0.00 $ n/a Motor vehicle $ 0.00 $ n/a Credit card(s) $

Docket Entries

2019-11-04
Petition DENIED.
2019-10-10
DISTRIBUTED for Conference of 11/1/2019.
2019-10-02
Waiver of right of respondent Eric Arnold to respond filed.
2019-09-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 25, 2019)

Attorneys

Eric Arnold
Jill M. ThayerCalifornia Attorney General's Office, Respondent
Jill M. ThayerCalifornia Attorney General's Office, Respondent
Shane Peters
Richard Vincent MyersRichard V. Myers, Attorney at Law, Petitioner
Richard Vincent MyersRichard V. Myers, Attorney at Law, Petitioner