No. 19-6903

Alvin R. Barney, II v. Escambia County, Florida, et al.

Lower Court: Eleventh Circuit
Docketed: 2019-12-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure civil-procedure failure-to-prosecute final-judgment judicial-discretion jurisdiction notice-of-appeal premature-appeal sanction sanctions subject-matter-jurisdiction
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Whether the Eleventh Circuit had the authority or subject matter jurisdiction to dismiss a premature notice of appeal as a sanction for failure to prosecute when no final judgment has been entered?

Question Presented (from Petition)

QUESTIONS PRESENTED ‘ FIRST QUESTION This first question is whether the Eleventh Circuit had the authority or subject matter jurisdiction to dismiss a premature notice of appeal as a sanction for failure to prosecute when no final judgment has been entered? SECOND QUESTION As an alternative basis for reversal, the second question is whether the . Eleventh Circuit abused its judicial discretion when it dismissed the appeal as a sanction for failure to prosecute without a finding of bad faith?

Docket Entries

2020-02-24
Petition DENIED.
2020-01-23
DISTRIBUTED for Conference of 2/21/2020.
2020-01-09
Waiver of right of respondent Judge Pat Kinsey to respond filed.
2019-12-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 10, 2020)

Attorneys

Alvin R. Barney II
Alvin R. Barney II — Petitioner
Alvin R. Barney II — Petitioner
Judge Pat Kinsey
William Henry Stafford IIIOffice of the Florida Attorney General, Respondent
William Henry Stafford IIIOffice of the Florida Attorney General, Respondent