No. 21-5187

Patricia A. McColm v. Trinity County, California, et al.

Lower Court: Ninth Circuit
Docketed: 2021-07-22
Status: Dismissed
Type: IFP
IFP
Tags: access-to-courts appointment-of-counsel civil-rights constitutional-rights court-access disability-accommodation disability-accommodations dismissal-with-prejudice due-process pre-filing-order pro-se
Key Terms:
SocialSecurity DueProcess Securities
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether pro-se-plaintiffs-with-disabilities-should-receive-accommodations-or-counsel

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. To avoid erroneous deprivation of constitutional rights, including right of access to the court; should this Court determine that pro se plaintiff's with severe limitations of disability and/or stigma of self representation prejudicing compliance with court processes, receive accommodations appropriate to his/her limitations of disability and/or appointment of counsel to | i assist in addressing the demands of court processes rather than suffer a dismissal with prejudice to avoid such to amend and/or to avoid indicia of discriminatory bias. | | 2. Should the Ninth Circuit have decided the motion for appointment of counsel timely filed by petitioner with severe acute medical conditions and permanent limitations of disability seeking assistance with the _pre-filing process and appeal, prior to issue of an Order dismissing the appeal for allegedly stating “insubstantial” issues on appeal. } . i ; 3. Whether a review of petitioner’s submission of district court orders on appeal and statement of facts or law which are relied upon for purposes of the appeal are in good faith, | “merit further review,” and should have been filed pursuant to 28 U.S.C. 1915. | 4. Did the Ninth Circuit err in alleging pursuant to a 20 year old pre-filing order, that the issues on appeal are “insubstantial” denying further review; thereby, sustaining a wrongful dismissal with prejudice without leave to amend where the facts/law on the merits of any cause | in the FIRST amended complaint were NOT considered, where petitioner’s motion for ; i | appointment of counsel to accommodate limitations of disability for timely compliance with medically impossible demands of the court was denied, where the complaint stated a claim upon which relief could be granted and/or amended to state a claim was denied and where a dismissal with prejudice without leave to amend was not proper pursuant to 28 U.S.C. 1915. | | | | | | | | ii ,

Docket Entries

2021-10-04
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. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam).
2021-09-02
DISTRIBUTED for Conference of 9/27/2021.
2021-07-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 23, 2021)

Attorneys

Patricia A. McColm
Patricia A. McColm — Petitioner