No. 21-6862

In Re Daniel Jones

Lower Court: N/A
Docketed: 2022-01-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights court-of-appeals due-process extraordinary-circumstances extraordinary-relief federal-courts filing-requirements judicial-procedure mandamus prisoner-rights standing
Key Terms:
DueProcess
Latest Conference: 2022-03-18
Question Presented (AI Summary)

is-petitioner-entitled-to-immediate-relief

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW 1. IS“PETITIONER ENTITLED TO IMMEDIATE RELIEF, INCLUDING MANDAMUS FROM THIS COURT TO PROTECT HIS RIGHT TO PETITION) THE COURTS WHERE A MANIFEST INJUSTICE WOULD OTHERWISE RESULT 2.0 | IS THE FAILURE OF THE COURT OF APPEALS FOR THE SECOND C&RCUIT TO REINSTATE PETITONER'S APPEAL AND'RECALL ITS MANDATE THE TYPE OF : EXTRAORDINARY CIRCUMSTANCE CORRECTABLE BY THIS COURT'S ISSUANCE OF MANDAMUS | . ie . | ; | RELIEF SOUGHT Petitioner prays for a writ of mandamus to he issued by this Court directing the United States Court of Appeals for the Second Circuit , under Jones v. Cuomo, et al., Case No. 20-3496, remanding this case, to recall its mandate, reinstate Petitioner's appeal, rule on his dispositive motions, and allow him to submit briefs on the issues to he raised on appeal. UNAVAILABILITY OF RELIEF IN OTHER COURTS No other court can grant the relief sought hy this petition. 1. On February 24, 2021, the United States Court of Appeals for the Second Circuit dismissed Petitioner's appeal, for defaulting on filing the prisoner authorization form pursuant to 28 U.S.C. § 1915(b). | 2. A mandate was issued on April 21, 2021. Acopy of the order is

Docket Entries

2022-03-21
Petition DENIED.
2022-03-03
DISTRIBUTED for Conference of 3/18/2022.
2022-02-14
Waiver of right of respondent State officials Andrew M. Cuomo, Governor; Ann Marie T. Sullivan, Commissioner of the Office of Mental Health to respond filed.
2022-01-07
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due February 14, 2022)

Attorneys

Daniel Jones
Daniel Jones — Petitioner
Daniel Jones — Petitioner
State officials Andrew M. Cuomo, Governor; Ann Marie T. Sullivan, Commissioner of the Office of Mental Health
Andrea OserOffice of the New York State Attorney General, Respondent
Andrea OserOffice of the New York State Attorney General, Respondent