Patricia A. McColm v. California, et al.
AdministrativeLaw DueProcess
Whether imposition of a daily 15 minute time restriction on physical access to the court building and use of court services is a constitutional violation
QUESTIONS PRESENTED Question One: Whether imposition of a daily 15 minute time restriction on physical access to the court building and use of court services is a constitutional violation; in particular, where the apparent PERMANENT restriction is imposed solely by a clerk; targeting a single person with disability, without due process under threat to comply or be taken to jail; knowing the restriction is intended to be a prejudicial interference with the individual’s exercise of rights. And thus, does such restriction further violate the ADA by use of an arbitrary barrier; to deny of court services by persons with disability generally and in retaliation for exercise of civil rights. Question Two: Whether the District Court erred and/or abused its discretion in use of 28 U.S.C. 1915 to dismiss an entire action as “duplicative” without a first leave to amend; in . particular, where a separate cause of action is stated and the factors for dismissal re “duplicative” are not present. Question Three: Whether the Ninth Circuit should be told that the appeal is sufficient to warrant further review; and thus, it is proper to vacate its Order (