No. 22-5501

In Re Eric Drake

Lower Court: N/A
Docketed: 2022-09-02
Status: Denied
Type: IFP
IFP
Tags: access-to-courts civil-rights court-access due-process first-amendment prefiling-injunction pro-se-litigation sanctions state-courts vexatious-litigant
Key Terms:
DueProcess FirstAmendment
Latest Conference: 2022-10-28
Question Presented (AI Summary)

Whether federal courts can issue prefiling injunctions without notice and a hearing

Question Presented (OCR Extract)

QUESTIONS PRESENTED Under the First Amendment, every U.S. citizen has a right of speech (right to petition), and 42 USC §1981 (right to sue, give evidence, to be parties to suits), the 14th Amendment right (due process), and access to the courts, even if the person have been determined vexatious by a state court or when there is a federal prefiling injunction against the party. Therefore, + Should federal courts issue prefiling injunctions without notification and a hearing where evidence and testimony can be provided to a court and considered? * Should federal courts be allowed to adopt sanction orders from another district or another state to be used against U.S. citizens without conducting a hearing? . Should state courts be allowed to violate U.S. citizen’s rights that have been determined vexatious by appointing state judges who are grossly incompetent in reviewing or even to comprehend civil law? . Should state courts be allowed to violate U.S. citizen’s rights that have been determined vexatious by not responding to requests to file civil lawsuits or blocking the pro se litigants right to file a cross claim in a legal matter? * Should there be penalties against state officials and judicial officers and : federal judicial officers for determining a @ @ ii U.S. citizen as a vexatious litigant by fraud, conspiracy, and or by not evaluating the pro se litigant’s case properly and _ thus restricting his or her access to courts, and their ability to sue? ¢ Should there be a prescribed time limit on how long any court could sustain a prefiling injunction against a pro se litigant? , * Should a pro se litigant be allowed to file his or her petition in any other state or district, if he or she can reasonable show that the proper state and district and or jurisdiction is hostile towards him or her? * Should a pro se litigant be allowed to refile cases that were dismissed improperly because of a prefiling injunction or state vexatious litigant order that was issued against the pro se litigant unjustly or by fraud or by of how long the case has been dismissed.

Docket Entries

2022-10-31
Petition DENIED.
2022-10-13
DISTRIBUTED for Conference of 10/28/2022.
2022-08-17
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due October 3, 2022)

Attorneys

Eric Drake
Eric Drake — Petitioner