No. 19-6740

Glendal Rhoton v. Richard Brown, Warden

Lower Court: Seventh Circuit
Docketed: 2019-11-26
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: civil-procedure civil-rights due-process e-filing extraordinary-circumstances fraud fraud-upon-court habeas-corpus notification-delay rule-60-b rule-60b
Key Terms:
SocialSecurity Immigration
Latest Conference: 2020-03-20 (distributed 2 times)
Question Presented (AI Summary)

Does the legal librarian's 7-month delay in notifying Rhoton of the District Court's Order denying his Petition for Writ of Habeas Corpus warrant relief under Rule 60 (b) under the 'extraordinary circumstances' and 'fraud upon the court' clauses?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW The District Court mandated that all prisoner communications to and from the Court be transmitted via the E-Filing system. The prison’s legal librarian is the custodian of the E-Filing system and thus serves simultaneous functions as an agent of both the Court and the adverse . party, i.e., the Warden. Does the legal librarian’s 7-month delay in notifying Rhoton of the District Court’s Order denying his Petition for Writ of Habeas Corpus following a civil action, The State’s attorney admits that Rhoton did not receive the order for 7 months. The respondent originally denied its failure to supply Rhoton with the order denying his Petition for Writ of Habeas Corpus. Following a civil action, the State’s attorney admits that Rhoton did not receive the order for 7 months. Does the admission and the delay warrant relief under Rule 60 (b) under the “extraordinary circumstances” and “fraud upon the court” clauses? : 2 — \ \ .

Docket Entries

2020-03-23
Petition DENIED.
2020-02-27
DISTRIBUTED for Conference of 3/20/2020.
2020-02-12
Brief of respondent Richard Brown in opposition filed.
2020-01-13
Response Requested. (Due February 12, 2020)
2019-12-30
DISTRIBUTED for Conference of 1/17/2020.
2019-12-19
Waiver of right of respondent Richard Brown to respond filed.
2019-11-26
Application (19A579) granted by Justice Kavanaugh extending the time to file until November 13, 2019.
2019-11-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2019)
2019-10-25
Application (19A579) to extend the time to file a petition for a writ of certiorari from October 29, 2019 to November 13, 2019, submitted to Justice Kavanaugh.

Attorneys

Glendal Rhoton
Glendal Rhoton — Petitioner
Glendal Rhoton — Petitioner
Richard Brown
Thomas M. FisherOffice of the Indiana Attorney General, Respondent
Thomas M. FisherOffice of the Indiana Attorney General, Respondent
Stephen Richard Creason — Respondent
Stephen Richard Creason — Respondent