No. 19-7200

Barry Wayne Adams v. Calhoun County, Michigan, et al.

Lower Court: Sixth Circuit
Docketed: 2020-01-08
Status: Dismissed
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-procedure civil-rights common-law de-facto-government due-process judicial-review martial-rule peonage pro-se procedural-fairness service-of-process standing
Key Terms:
AdministrativeLaw Securities Privacy JusticiabilityDoctri
Latest Conference: 2020-04-17 (distributed 2 times)
Question Presented (AI Summary)

Whether the lower courts properly addressed the petitioner's common law claims, viewed the claims in the light most favorable to the petitioner, and fully appreciated the nature of the alleged malfeasant actions against the petitioner's constitutional rights

Question Presented (OCR Extract)

No question identified. : . Issues Raised For Review 1. Did either the District Court and the Court of Appeals directly address in good faith the common law claims that were presented by Petitioner in the manner as they were originally presented to the court by Petitioner? 2. In the issuances of the orders pertaining to the litigation of the original case, did either the district or appellate court jurists view Petitioner's claims in the light most favorable to him? 3. Did the decisions of either the district or appellate court reflect a full apprehension or appreciation of the nature of the malfeasant actions of Respondent’s state actor employees and their targeted actions against the rights of Petitioner? 4. Was Petitioner's original, standard “green card service” upon the Respondents, which was sent _ and delivered through the United States Postal Service, sufficient to procedurally initiate the case? 5. Was Petitioner prejudiced by the dilatory actions of the District Court when it ordered Petitioner to “re-start” the original action and “re-serve” the original complaint on Respondent “COUNTY OF CALHOUN’ without the other originally named Respondents? 6. Was Petitioner prejudiced by the peremptory dismissal of Respondents “STATE OF MICHIGAN’ and “MICHIGAN DEPARTMENT OF CORRECTIONS’? 7. Did the District Court procedurally deny Petitioner fundamental due process when it procedurally disposed of the instant action without providing the opportunity for Petitioner to go to trial? 8. Is the qualifying phrase “All Rights Reserved’ a legal nullity, and without legal significance within a tegal document? 9. Does the “pattern and practice” of state incarceration for “failure to pay” actually constitute the establishment and maintenance of a system of peonage? 10. Does a court clerk have the power to decide the justiciable insufficiency of a pro se complaint and deny its filing based on strictly formalistic grounds? 11. Is the currently existing form of government of the United States actually an unconstitutional de facto corporate fascist police state administered by martial rule? ; i .

Docket Entries

2020-04-20
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
2020-03-25
Motion DISTRIBUTED for Conference of 4/17/2020.
2020-03-14
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2020-02-24
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam).
2020-02-06
DISTRIBUTED for Conference of 2/21/2020.
2020-01-24
Waiver of right of respondents Calhoun County, MI, et al. to respond filed.
2020-01-13
Waiver of right of respondent State of Michigan; Michigan Department of Corrections to respond filed.
2019-09-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 7, 2020)

Attorneys

Barry W. Adams
Barry Wayne Adams — Petitioner
Calhoun County, MI, et al
Marcelyn A. StepanskiRosati Schultz Joppich & Amtsbuechler, P.C., Respondent
State of Michigan; Michigan Department of Corrections
Fadwa A. HammoudMichigan Department of Attorney General, Respondent