No. 20-7693

Keenan G. Wilkins, aka Nerrah Brown v. C. Joksch, et al.

Lower Court: Ninth Circuit
Docketed: 2021-04-08
Status: Dismissed
Type: IFP
Response WaivedIFP
Tags: 28-usc-1915 appellate-jurisdiction civil-procedure civil-rights due-process in-forma-pauperis indigent-appeal pro-se-litigant standing three-strikes
Key Terms:
DueProcess
Latest Conference: 2021-05-13
Question Presented (AI Summary)

Is a prisoner who is found to have three strikes pursuant to 28 USC 1915 entitled to a one-time appeal on the merits of this finding?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED i. Is a.prisoner.who is found to have THREE STRIKES pursuant to 28 UCS 1915 entitled to a ONE TIME appeal on the merits of this finding? ~~ NOTICE «4 Petitioner respectfully additionally presents TWO questions/arguments that were CONCEDED by Respondants in prior proceeding No.19-6705 by their FAILURE to argue against them when ordered to do so by this court( See Medelinv. . Dretke (2005) 544 US 660; Clem v Lomeli, 566 F3d 1177 9th Cir. 2009; Tapia v. Wélls 2015 UD Dist Lexis 102836). . 2. Does the Court of Appeal have jurisdicttion to DECIDE an appeal BEFORE graiting/denying an indigent Appellants Rule 24 request for In ‘Forma Pauperis status? : (Confer: Buck v Davis (2017) 137 S. Ct. 759 establishing that the Court of Appeal does not have jurisdiction to proceed with the appeal until it has settled the question of granting/denying a COA). 3. Were Petitioner's appeal for the District Court's dismissal of his ENTIRE complaint for Misjoinder.a FRIVILOUS appeal? (Confer: Neitke v Williams (1989) 490 US 319). NOTICE 2 © . : After this Court ordered a response on these Claims ( Question 2 and 3 ) and Respondant conceded the claims by failure to argue | Pro Bono retained counsels focused ONLY on the 1 claim Respondants addressed. Petitioner sought to address in pro per afterwards but was rejected as being untimely for Reconsideration( See

Docket Entries

2021-05-17
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.
2021-04-28
DISTRIBUTED for Conference of 5/13/2021.
2021-04-26
Waiver of right of respondent C. Joksch to respond filed.
2021-04-20
Waiver of right of respondent F. Foulk to respond filed.
2021-03-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 10, 2021)

Attorneys

C. Joksch
Gabrielle DeSantis NieldNield Law Group APC, Respondent
F. Foulk
David Charles GoodwinState of California Department of Justice, Office of the Attorney General, Respondent
Keenan G. Wilkins
Keenan G. Wilkins — Petitioner