No. 21-1493

James Joseph Knochel v. Amy Fackrell, et al.

Lower Court: Ninth Circuit
Docketed: 2022-05-27
Status: Denied
Type: Paid
Response WaivedRelisted (3)
Tags: civil-rights due-process evidentiary-hearing fraud-on-court habeas-corpus next-friend standing vexatious vexatious-litigant whitmore-standard
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2022-12-02 (distributed 3 times)
Question Presented (AI Summary)

Does Whitmore v. Arkansas require an evidentiary hearing before dismissing a next friend's petition for writ of habeas corpus?

Question Presented (OCR Extract)

Questions Presented . Petitioner filed a next friend petition for a writ of habeas corpus to the United States District Court, but was declared vexatious after asking for the evidentiary hearing required by the case law. The Arizona State Court’s public record and videos posted to YouTube fully establish Petitioner’s | allegations of fraud on the United States Court. The questions presented: #1 — Does Whitmore v. Arkansas, 495 U.S. 149, | require an evidentiary hearing before dismissing a next friend's petition for writ of habeas corpus, or is this just a suggestion? | #2 — May a petitioner be declared vexatious by the United States Court without an evidentiary hearing | to consider alleged evidence of fraud on the court? | #3 — May a respondent to a petition in the United States Court ‘assist’ the party to the petition — their involuntary client ~ by asking for the proceeding’s dismissal? #4 — Does the appointment of a guardian for a party to a habeas petition foreclose the United States Court from considering a next friend’s petition ; alleging violation of the Ward’s rights? : |

Docket Entries

2022-12-05
Rehearing DENIED.
2022-11-09
DISTRIBUTED for Conference of 12/2/2022.
2022-10-27
Petition for Rehearing filed.
2022-10-27
Motion for leave to proceed further herein in forma pauperis.
2022-10-11
Application (22A181) denied by the Court.
2022-10-03
Petition DENIED.
2022-09-21
DISTRIBUTED for Conference of 10/7/2022.
2022-09-21
Application (22A181) referred to the Court.
2022-09-02
Application (22A181) refiled and submitted to Justice Gorsuch.
2022-08-25
Application (22A181) denied by Justice Kagan.
2022-08-21
Application (22A181) for a stay, submitted to Justice Kagan.
2022-07-13
DISTRIBUTED for Conference of 9/28/2022.
2022-06-21
Waiver of right of respondents Attorney General for the State of Arizona and State of Arizona to respond filed.
2022-05-19
Petition for a writ of certiorari filed. (Response due June 27, 2022)
2022-03-16
Application (21A512) granted by Justice Kagan extending the time to file until May 19, 2022.
2022-03-15
Application (21A512) to extend the time to file a petition for a writ of certiorari from March 20, 2022 to May 19, 2022, submitted to Justice Kagan.

Attorneys

Attorney General for the State of Arizona and State of Arizona
Drew Curtis EnsignOffice of the Attorney General, Respondent
James Knochel
James Joseph Knochel — Petitioner