No. 19-7536

James Henry Simpson v. Martesha Bishop, et al.

Lower Court: Fourth Circuit
Docketed: 2020-02-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure criminal-liability criminal-procedure district-court due-process federal-jurisdiction federal-prosecution federal-rules immunity judicial-docketing prisoner-filing standing statutory-interpretation
Latest Conference: 2020-03-20
Question Presented (from Petition)

1. Should a U.S. District Court docket a Criminal Complaint filed pursuant to Federal Rules of Criminal Procedure as a civil action and subjected to the conditions of 28 U.S.C. 1915?

2. Does Federal Rules of Criminal Procedure permit a prisoner to file the complaint described in Rule 3 and 4?

3. Can judges and attorneys be held criminally liable, pursuant to 18 U.S.C.S. 241, for using their courtrooms as weapons to have American citizens wrongfully convicted and unlawfully imprisoned?

4. If a state prisoner is the victim of the most egregious federal crimes, do the perpetrators of those federal crimes have immunity from criminal prosecution unless the Criminal Complaint is filed by a federal prosecutor?

5. Is it practical for a state prisoner to contact a federal prosecutor and spur that federal prosecutor into filing a Criminal Complaint?

Question Presented (AI Summary)

Should a U.S. District Court docket a Criminal Complaint as a civil action?

Docket Entries

2020-03-23
Petition DENIED.
2020-03-05
DISTRIBUTED for Conference of 3/20/2020.
2020-02-24
Waiver of right of respondents Martesha Bishop, Brook Pettit, Joshua Boayles, Beverly Warner Snukals, Walter W. Stout, Clarence M. Jenkins, Judge Herbert C. Gill, Jr., Thomas B. Hoover to respond filed.
2020-01-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 5, 2020)

Attorneys

James Henry Simpson
James Simpson — Petitioner
Martesha Bishop, Brook Pettit, Joshua Boayles, Beverly Warner Snukals, Walter W. Stout, Clarence M. Jenkins, Judge Herbert C. Gill, Jr., Thomas B. Hoover
Toby Jay HeytensOffice of the Attorney General, Respondent