No. 22-6102

Samuel Turner v. United States

Lower Court: Eighth Circuit
Docketed: 2022-11-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bureau-of-prisons civil-procedure court-deadline covid-19-lockdown due-process equity excusable-neglect judicial-discretion pandemic prisoner-rights
Key Terms:
HabeasCorpus
Latest Conference: 2023-01-06
Question Presented (AI Summary)

whether-certiorari-should-be-granted

Question Presented (OCR Extract)

QUESTIONS PRESENTED DATE: 08/22/2022 08:22:57 AM , QUESTIONS PRESENTED |. WHETHER CERTIORARI SHOULD BE GRANTED BECAUSE THE COURT OF APPEALS FOR THE EIGHTH CIRCUIT HAS SO FAR DEPARTED FROM THE ACCEPTED AND USUAL COURSE OF JUDICIAL PROCEEDINGS REGARDING "EXCUSABLE NEGLECT” AS TO CALL FOR AN EXERCISE OF THIS COURT'S DISCRETION. | Il, WHETHER CERTIORARI SHOULD BE GRANTED WHERE AN ABUSE OF DISCRETION MEETS A CONSTITUTIONAL RIGHT REGARDING "EXCUSABLE NEGLECT" WHERE THE PRISONER HAS NO CONTROL OF HIS ACTIONS WHEN IT PERTAINS TO A COURT DEADLINE FILING AND HE HAS ATTEMPTED DILIGENTLY TO BE HEARD? Ill, WHETHER CERTIORARI SHOULD BE GRANTED WHETHER IT IS REASONABLE TO BELIEVE THE PRISONER IS AT FAULT FOR WHAT HE FAILED TO DO, SUCH AS FORGET TO SIGN HIS NAME TO A BRIEF OR WHAT THE BOP CAUSED, REGARDING "EXCUSABLE NEGLECT" SUCH AS IN ALOCKDOWN WHERE THE PRISONER HAS NO CONTROL OF HiS ACTIONS, SO AS NOT TO EXCUSE A MANDATE A COURT-ORDERED DEADLINE FILING? IV. WHETHER CERTIORARI SHOULD BE GRANTED WHETHER A PRISONER WHO 1S QUARANTINED DUE TO A , NATURAL PANDEMIC SUCH AS COVID-19 CAN BE TOTALLY RESPONSIBLE FOR A FILING DEADLINE WHEN WITH NO CONTROL OF HIS OWN HE IS LOCKED DOWN CAUSED BY THE BUREAU OF PRISONS AND OR AN ACT OF GOD? | | V. WHETHER CERTIORARI SHOULD BE GRANTED WHETHER IS IT REASONABLE FOR THE COURT TO EXCUSE THE | GOVERNMENT FROM ITS ORDERED FILING IN RESPONSE TO THE PETITIONER'S BRIEF WHILE DENYING THE , PETITIONER THE SAME COURTESY IN THE SAME PROCEEDING? | VI. WHETHER CERTIORARI SHOULD BE GRANTED WHETHER IT IS REASONABLE FOR A COURT THAT HAS | JURISDICTION IN EQUITY, A COURT THAT ALSO ADMINISTERS AND DECIDES CONTROVERSIES IN ACCORDANCE } WITH THE RULES, PRINCIPLES:AND PRECEDENTS OF EQUITY SHOULDN'T ALLOW A PETITIONER WHO INADVERTENTLY FAILED TO SIGN HIS MOTION TO HAVE A SECOND CHANCE TO SIGN? , | Ae SUBJECT:

Docket Entries

2023-01-09
Petition DENIED.
2022-12-01
DISTRIBUTED for Conference of 1/6/2023.
2022-11-23
Waiver of right of respondent United States to respond filed.
2022-08-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 19, 2022)

Attorneys

Samuel Turner
Samuel Turner — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent