Glendal Rhoton v. Richard Brown, Warden
SocialSecurity Immigration
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 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 — \ \ .