No. 21-6829

Ibrahim Donmez v. New York City Department of Consumer Affairs, et al.

Lower Court: Second Circuit
Docketed: 2022-01-13
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: civil-procedure due-process litigation-reform neitzke-v-williams non-prisoner-complaints prison-litigation-reform-act prisoner-rights screening-standard section-1915 standing statutory-interpretation
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2022-05-12 (distributed 2 times)
Question Presented (AI Summary)

Does 28-USC-1915 allow dismissal of non-frivolous non-prisoner complaints for failure to state a claim or seeking relief against immune defendants before service?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1) Does the language of 28 U.S.C. § 1915 allow screening or dismissal of nonfrivolous non-prisoner complaints and claims for failure to state a claim under 28 U.S.C. § 1915 (e) (2) (b) Gi) and seeking monetary relief against a defendant who is immune from such relief under 28 U.S.C. § 1915 (e) (2) (b) (iii) before service : of process and defendants’ answer? Was Neitzke v. Williams, 490 U.S. 319 (U.S. Supreme Court 1989) overruled by The Prison Litigation Reform Act (PLRA) for non-prisoner complaints and claims? 2) Did Court of Appeals violate due process? _

Docket Entries

2022-07-14
Case considered closed.
2022-05-16
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
2022-04-20
Motion DISTRIBUTED for Conference of 5/12/2022.
2022-04-11
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2022-03-21
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until April 11, 2022, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2022-02-24
DISTRIBUTED for Conference of 3/18/2022.
2022-01-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 14, 2022)

Attorneys

Ibrahim Donmez
Ibrahim Donmez — Petitioner