No. 19-8225

In Re Faramarz Mehdipour

Lower Court: N/A
Docketed: 2020-04-08
Status: Denied
Type: IFP
IFP
Tags: all-writs-act certiorari-timeline due-process equitable-powers exceptional-circumstances extraordinary-relief prison-lockdown pro-se pro-se-petition standing supreme-court-jurisdiction
Key Terms:
DueProcess
Latest Conference: 2020-06-04
Question Presented (AI Summary)

Whether the Court retains equitable powers to ensure faith in the Federal Courts of the United States, even when no other means of relief can be obtained by normal means and exceptional circumstances dictate exceptional intervention

Question Presented (OCR Extract)

No question identified. : 1) the writ will be in aid of the Court’s appellate jurisdiction : This Court retains equitable powers to ensure faith in the Federal Courts of the United States. Citizens must trust that, when no other means of relief can be obtained by normal means, and exceptional circumstances dictate exceptional intervention, this Court retains jurisdiction under the All Writs Act. 28 U.S.C. § 1651 The Court, Petitioner, and Social Interests demand a reliable means @nieaching the courthouse doors in any number of demanding situations. In the instant case, Petitioner diligently attempted to bring the matter at hand to this Court, but was impeded by circumstances beyond Petitioner’s control. 2) exceptional circumstances warrant the exercise of the Court’s discretionary powers Prison gang violence, among other things, has caused the facility were Petitioner is incarcerated to suffer numerous facility lock-downs. Add to that, two Oklahoma state-wide " lockdowns were widely reported in the news media. All of this occurred across the time when the certiorari in this matter became due, and coritinued throughout Petitioner’s attempts to get the certiorari filed with the court. Attached are letters to the Clerk, particularly a November 14, 2016 Declaration Under Penalty of Purjury (sic) which explained the circumstances. (Exhibits A and D) The Clerk was not helpful in advising Petitioner, pro se, how to proceed. (It might have been deemed improper for the Clerk to do more.) Even in the best of situations, the facility’s legal mail and law library access is wanting. After receiving the Clerks most recent letter returning Petitioner’s Application for Writ of Certiorari, more delays incurred. ; 2 ONEROUS TIMELINE " . ; ; May 14, 2019 ORDER, Tenth Circuit Court of Appeals ; Jul 30, 2019 better from Plaintiff to U.S. Supreme Court . Aug 12,2019 Cert deadline (90 days from May 4, 2019 ORDER) , Sep 23, 2019 Letter from Plaintiff to U.S. Supreme Court Clerk (Rec. by Clerk-Nov. 5) ° . titled: “Motion for Extension of Time” . mc , ; Oct 25, 2019 Application for cert. mailed i os Oct 28, 2019 Application for cert postmarked (per Clerks Nov. 5 letter) Nov 5, 2019 Application for cert Received by S.Ct Clerk , ‘ ; Nov 5, 2019 Letter from S.Ct Clerk stating Application for cert out-of-time as of Aug 12 | : Nov 14, 2019 Letter from Plaintiff to U.S. Supreme Court (rec. by Clerk Nov. 26). . ; , titled: “Declaration under Penalty of Purjury” (sic) including four(4) copies of . | “Application” for cert | : Nov 26, 2019 S.Ct. Received Nov. 14 oo : a Nov 27 2019 Letter from S.Ct. Clerk returning Nov. 14 for . | “fail to comply with the Rules” ; : 3) adequate relief cannot be obtained in any other form or from any other court. The Tenth Cirouit lost jurisdiction to retain the case, and no means remains to bring this . case before any tribunal in the United States or State of Oklahoma, other than this Court. Therefore, Petitioner prays that Her Honorable J ustice will permit Petitioner to file his ; certiorari in this matter, out of time. : ; Inbth Ae ‘ovary "3S fo van ‘M 9It SEOIT1 He N-S DDL og owt ‘amedieua Ztewisoy ager 97 ~£ OPP Ee ' OH ngqradsoy JIPBIFND Fe Fm ef Uarpiaeyg Peyreqe 34> Salty 9 pu Donny Jef eurypeap 24D FArem eg mous aenw”) soy ‘ya! auz Cue ysoyymre Sywe puow Prove 222193 we eYSS! oF ‘as gene Bimeup ag YSrosug. pre ha Quimep 44z sprout +rvergigag Suey Pray DL FOP Oy (4 F°9:4%3) -ssa00~ ["gZrr] VsepTea ep Fpep rrp 24> 0% aq Puew Curumaqe ul spearns (PFune0 awvVs sHz / Duimsund Feqowul 339499 249 40 aUB Jo) Jeuelzizeg [en quauirosdus asiuesd z0u Soop pro ‘GS va yzoh Sey ar *(F522>% ~vef Spupuep Surspo uty SeIUWA PID OAPI AS IU ayy pu (Sse2eP Se a SspPprvuuep prrwrdas sugges sey) v0e1gre hare ay dist BAIQwAS UW PY pesabhiag meu sey Yorum eugty my] o Gary roey O4? SSavdv0w oe Squewneedus sypevequap Jahns op Feruaued saueyiza THEREFORE, Petitioner moves this Honorable Circuit Court Justice to allow his appeal/certiorari fro

Docket Entries

2020-05-21
Case removed from Docket.
2020-05-20
DISTRIBUTED for Conference of 6/4/2020.
2020-02-24
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due May 8, 2020)

Attorneys

Faramarz Mehdipour
Faramarz Mehdipour — Petitioner