No. 20-7999

David James Lola v. Miami Herald, Inc., et al.

Lower Court: Eleventh Circuit
Docketed: 2021-05-12
Status: Denied
Type: IFP
IFP
Tags: access-to-courts appellate-rights civil-procedure constitutional-access court-procedure dismissal in-forma-pauperis judicial-review national-emergency post-conviction-relief procedural-default reconsideration
Latest Conference: 2021-09-27
Question Presented (from Petition)

Does due process dictate that in a
Pro Se appeal to a final action
should a clerk's entry of dismissal
for failure to prosecute be set aside
and an appeal be permitted to proceed
to role on the In Formu Pauperis
motion when the petitioner filesa
motion for reconsrdesation and
motion to proceed In Forma Pauper's
with the United States Court of
Appeals for the relerant circuit
within fourteen (i4) days of the
dute of the order of dismissal
during the time ofa nutional
emergency (covio Pandemic), and
the petitioner has no access to
library, internet, or
a law l
telephone?

Question Presented (AI Summary)

Whether the clerk's entry of dismissal for failure to prosecute should be set aside and the appellant permitted to proceed to rule on the in forma pauperis motion when he timely filed a motion for reconsideration and motion to proceed in forma pauperis with the United States Court of Appeals within fourteen days of the order of dismissal during a national emergency (COVID-19 pandemic) and the petitioner had no access to a law library, internet, or telephones

Docket Entries

2021-10-04
Petition DENIED.
2021-06-24
DISTRIBUTED for Conference of 9/27/2021.
2021-05-29
Blanket Consent filed by Petitioner, David Lola
2021-04-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 11, 2021)

Attorneys

David Lola
David James Lola — Petitioner