No. 21-8251

John L. Miller v. S. Acosta, et al.

Lower Court: Ninth Circuit
Docketed: 2022-06-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: access-to-courts civil-rights due-process judicial-bias religious-rights standing
Latest Conference: 2022-09-28
Question Presented (from Petition)

Whether prison-staff cooks who maintain an official list of inmates approved for religious meals, nonetheless deprived those inmates of their religious meals who did not yet have approval, though there was no regulatory requirement that they show cause to get on their religious meal list?

Is the 14th Amendment right of equal protection violated when a prison-staff cook discriminates against non-Christian inmates by serving them half-rotten bananas on the regular prison diet while seeing them being served by inmate kitchen workers?

Is it a violation of the 1st Amendment's right to petition for a redress of grievances when prison-staff cooks retaliated against the inmate whose prison-filed complaint about the aforesaid discriminatory cook being reassigned out of there caused the inmate to be wrongly removed from his religious diet?

Is it a violation of the 1st Amendment's right to "the free exercise of religion" when a prison-staff chaplain, despite a mandatory state regulation to interview beforehand, presumptuously & precipitously removes an inmate from a religious diet based on staff write-ups revealed to be untrue, but the chaplain was deliberately indifferent to the inmate's rights (regulatory & constitutional)?

Due to the lack of an extrajudicial source for their bias, is it allowable, under 28 U.S.C. section 455(a), for a biased district judge to personally proceed with their section 1983 law suits on the basis of the prisoner coming?

On the matter of whether or not a magistrate and a district judge conspired to render a judgment to close the case, does he ever prevail in their common objective assessment of what is shown in the preponderance of the circumstantial evidence?

Question Presented (AI Summary)

Is the Ish Amendment right of access to the courts violated?

Docket Entries

2022-10-03
Petition DENIED.
2022-08-04
DISTRIBUTED for Conference of 9/28/2022.
2022-07-27
Waiver of right of respondent S. Acosta, et al. to respond filed.
2022-06-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 28, 2022)
2022-05-19
Application (21A736) granted by Justice Kagan extending the time to file until June 27, 2022.
2022-05-08
Application (21A736) to extend the time to file a petition for a writ of certiorari from May 26, 2022 to June 27, 2022, submitted to Justice Kagan.

Attorneys

John L. Miller
John L. Miller — Petitioner
S. Acosta, et al.
Michelle Devorah IgraCalifornia Department of Justice - Office of the A, Respondent