No. 21-5947

Jorge Petter v. United States

Lower Court: Fourth Circuit
Docketed: 2021-10-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: court-of-appeals covid-19 due-process fifth-amendment filing-deadlines incarcerated-filers pandemic-response standing-order
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2021-11-12
Question Presented (AI Summary)

Whether the Court of Appeals violated the petitioner's due process rights under the Fifth Amendment by failing to issue a standing order extending filing deadlines for incarcerated pro se filers during the COVID-19 pandemic

Question Presented (OCR Extract)

question presented, on which the circuits are deeply divided, is whether were the Court of Appeals below failed to issue a standing order specifically extending deadlines to file all pending Panel Rehearing and ; Rehearing En-banc cases due to COVID-19 pandemic thus, violates Petitioner Petter's "due process right guaranteed under the Fifth Amendment," as did in United States Supreme Court Standing Orders 589 issued on March 19 and April 15, 2020. See In re Orders, 2020 U.S. LEXIS 1643 & 2196 (U.S. Mar.19, Apr. 15, 2020), rescinded on July 19, 2021 (2021 U.S. LEXIS 3591, U.S. July. 19, 2021). (i)

Docket Entries

2021-11-15
Petition DENIED.
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-10-22
Waiver of right of respondent United States to respond filed.
2021-10-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 12, 2021)

Attorneys

Jorge Petter
Jorge Petter — Petitioner
Jorge Petter — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent