No. 19-8372

Abdul Hakiym Ismaiyl v. Donald C. Nugent

Lower Court: Sixth Circuit
Docketed: 2020-04-28
Status: Denied
Type: IFP
IFP
Tags: abuse-of-discretion appellate-review circuit-court-review clearly-erroneous clearly-erroneous-standard factual-findings frivolous-claims in-forma-pauperis judicial-discretion record-review standard-of-review
Key Terms:
SocialSecurity Immigration
Latest Conference: 2020-06-25
Question Presented (AI Summary)

Whether a Circuit court abdicates its duty by accepting clearly erroneous factual findings without reviewing the record

Question Presented (OCR Extract)

QUESTIONS FOR REVIEW Whether a Circuit court, once the veracity of the factual findings of a Dist. Court has been contended not to exist, and not supported by the record, and thus clearly erroneous abdicates its duty by accepting those set of facts as true without. reviewing the record pertaining said dispositive material facts; also in matters where a Cir. Court parrot’s factual findings presented by a Dist. court which have been contended as erroneous commits error in doing so without a determination on whether said facts are erroneous or not once contended to be. Also, where in forma pauperis applications are concerned does a circuit court abuse its discretion when it refuses to review the record, but also fails to inquire if any non-frivolous legal issues exist as found in the actual pleading before it denies the in forma pauperis application as not being made in good faith based on the findings contended to be erroneous made by the lower court and not by the circuit's actual independent review of the material factual allegations of the pleadings found in the record which are contrary and contradicts the Dist. Court findings. : Page | ii

Docket Entries

2020-06-29
Petition DENIED.
2020-06-10
DISTRIBUTED for Conference of 6/25/2020.
2020-01-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 28, 2020)

Attorneys

Abdul Hakiym Ismaiyl
Abdul Hakiym Ismaiyl — Petitioner