No. 21-7467

Patrick Muraca v. Securities and Exchange Commission

Lower Court: First Circuit
Docketed: 2022-03-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: access-to-courts attorney-representation civil-rights court-deadlines due-process incarcerated-rights incarceration legal-access procedural-rules right-to-counsel speedy-trial
Latest Conference: 2022-04-29
Question Presented (from Petition)

1. Does an incarcerated individual have the timely- and speedy right to an attorney before important court decisions are made, such missing a deadline^for an Appeal?

2. Whether the Court of Appeals properly relied oh Bowels v. Russell appropriately since^the Petitioner dtcf not have timely and speedy access to an attorney while incarcerated, given the fact that incarcerated individuals, /such as the Petitioner does not have full and free access' 7to legal representation?\

3. Should the Court of Appeals have made an exception to 28 U.S.C. § 2107(b)(2); Fed. R. App. P. 4 (aO" (1) (B) (ii) because the Petitioner did not have access to his attorney to appropriately make decisions to go to trial to refute false and misleading statements made by witnesses?

Question Presented (AI Summary)

Does an incarcerated individual have the timely and speedy right to an attorney before important court decisions are made, such as missing a deadline for an appeal?

Docket Entries

2022-05-02
Petition DENIED.
2022-04-14
DISTRIBUTED for Conference of 4/29/2022.
2022-04-12
Waiver of right of respondent SEC to respond filed.
2022-03-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 25, 2022)

Attorneys

Patrick Muraca
Patrick Muraca — Petitioner
SEC
Elizabeth B. PrelogarSolicitor General, Respondent