No. 21-6914

Michael Patrick Kennedy v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2022-01-20
Status: Denied
Type: IFP
IFP
Tags: appellate-review civil-procedure civil-rights constitutional-rights dismissal-standard due-process fifth-circuit-interpretation judicial-proceedings pro-se-representation standing successive-petitions supervisory-power
Key Terms:
HabeasCorpus
Latest Conference: 2022-03-25
Question Presented (AI Summary)

Whether a dismissal without prejudice is in fact a dismissal with prejudice

Question Presented (OCR Extract)

QUESTIONS PRESENTED Question Na. one: The United States Court of Appeals for the Fifth Circuit has entered a decision involving denial of a Constitutional Right which is in conflict with . the decisions of the Supreme Court of The United States and other United States Court of Appeals and this Court should resolve the conflict. Question No. two: The United States Court of Appeals for the Fifth Circuit has entered a decision involving successive petitions which is in conflict with the Supreme Court of the United States and other Federal United States Court of Appeals and this Court should resolve the conflict. Question No. three: . , The United States Court of Appeals for the Fifth Circuit has entered a decision so far departed from the accepted and usual course of Judicial pro; ceedings as to call for an exercise of this Court's supervisory power. This Court should decide whether the Fifth Circuit Court of Appeals’ holding that a dismissal without prejudice is in fact, as in Petitioner's case, a dismissal with prejudice which calls for a notice of appeal to be filed in an ongoing litigation rather than allowing an amended filing to proceed. DocketNumber of Case : ‘ Supreme Court of the United States. On Petition for Writ of Certiorari to the United States Court of Appeals For the Fifth Circuit. Questions Presented. Pro se Representation. a . Docket Number of Case . Supreme Court of the United States. im On Petition for Writ af Certiorari to the United States Court of Appeals for the Fifth Circuit. ~ .

Docket Entries

2022-03-28
Petition DENIED.
2022-03-10
DISTRIBUTED for Conference of 3/25/2022.
2022-01-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 22, 2022)

Attorneys

Michael Kennedy
Michael Patrick Kennedy — Petitioner
Michael Patrick Kennedy — Petitioner