No. 21-5190

Nicholas Stewart Hines v. Tim Reisch, Interim Secretary, South Dakota Department of Corrections, et al.

Lower Court: Eighth Circuit
Docketed: 2021-07-23
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appellate-jurisdiction appellate-review civil-procedure collateral-order district-court-screening final-order judicial-review motion-for-reconsideration rule-59(e) rule-59e rule-60(b) standing
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-02-18 (distributed 2 times)
Question Presented (AI Summary)

whether-appellate-court-erred-in-dismissing-appeal-for-lack-of-jurisdiction

Question Presented (OCR Extract)

QUESTION(S) PRESENTED | | 1.) WIETHER TURISTS OF REASON WOULD FIND THAT THE APPELLATE COURT ERRED, WHEN TT DISMISSED THE PETITIONER'S APPEAL FOR A LACK OF JURISDICTION. | | 2.) WHETHER JURISTS OF REASON WOULD FIND THAT THE APPELLATE COURT ERRED, WHEN CONTRARY TO THE | APPELLATE COURT'S OWN PRESIDENT, THE APPELLATE COURT DIN NOT REVIEW THE DISTRICT COURT'S ERRONEOUS APPLICATION OF RULE 60(b) TO THE PETITIONER'S RULE 59(e) MOTTON FOR RECONSIDERATION. 3.) WHETHER JURISTS OF REASON WOULD FIND THAT THE APPELLATE COURT ERRED, WHEN TT FOUND THE PETITIONER'S PETITION FOR A REWEARING WAS ‘UNTIMELY'. | | 4.) WIEN TUE DISTRICT COURT DENTED THE PETITIONER'S RULE 59(e) MOTION, WAS THE DISTRICT | COURT'S SCREENING ORDER FINAL, AND COULD THE APPELLATE COURT HAVE REVIEWED THE DENTAL ! | 5.) COULD THE PETITIONER FILE A RULE 59(e) MOTTON WITH THE DISTRICT COURT TO ADDRESS THE CLAIMS AND DEFENDANTS THE DISTRICT COURT DISMISSED TN IT'S 1915A SCREENING ORDER | fi.) WAS THE DISTRICT COURT'S DENIAL OF THE PETITIONER'S RULE 59(e) MOTION APPEALABLE UNDER 28 usc § 1291 AS A 'COLLATERAL' ORDER { THESE QUESTIONS ARE RATSED WITHIN THE PETITIONER'S BRIEF (SEE

Docket Entries

2022-02-22
Rehearing DENIED.
2022-02-02
DISTRIBUTED for Conference of 2/18/2022.
2021-10-12
Petition for Rehearing filed.
2021-10-04
Petition DENIED.
2021-09-02
DISTRIBUTED for Conference of 9/27/2021.
2021-08-05
Waiver of right of respondent Jody Johnson, Yankton County Clerk of Courts to respond filed.
2021-06-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 23, 2021)

Attorneys

Jody Johnson, Yankton County Clerk of Courts
Robert B. AndersonMay, Adam, Gerdes & Thompson, Respondent
Nicholas Stewart Hines
Nick Harris — Petitioner