No. 22-6285

In Re Jason D. Fisher

Lower Court: N/A
Docketed: 2022-12-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: access-to-courts civil-procedure civil-rights constitutional-rights due-process ex-parte-order ex-parte-orders in-forma-pauperis motion-practice standing temporary-protection-order
Key Terms:
SocialSecurity DueProcess HabeasCorpus Patent
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Is 'permission based motion practice' legal or 'negative gatekeeping' legal?

Question Presented (OCR Extract)

Questions Presented 1. Is “permission based motion practice” legal or “negative gatekeeping” legal whereby a citizen must ask for permission to file a motion as practiced in NEW YORK State Supreme Court, Westchester County? 2. If a citizen is denied the abilty to gain a hearing within a reasonable time or if judgments are decided prior to a hearing that adversely affect the citizen due to the order, are ex parte Temporary Protection Orders unconstitutional, what risks occur to the Public and how can they be fixed? ; 3. Should an unincarcerated person’s in forma pauperis (IFP) status or a person’s financial status cause them to be subject to a loss of constitutional rights especially when the IFP status is due to crimes that are the subject of the complaint? 4. Are Plaintiff's Constitutional rights being violated and do these violations warrant the Complaint to be heard by a jury outside of the 2" Circuit? | ix

Docket Entries

2023-02-21
Petition DENIED.
2023-01-26
DISTRIBUTED for Conference of 2/17/2023.
2023-01-23
Reply of petitioner Jason D. Fisher filed. (Distributed)
2023-01-11
Brief of respondents Jo-Ann Cambareri and Guttridge & Cambareri, P.C. in opposition filed.
2022-12-28
Waiver of right of respondents Faith Miller, et al. to respond filed.
2022-12-12
Petition for a writ of mandamus and/or prohibition and motion for leave to proceed in forma pauperis filed. (Response due January 11, 2023)

Attorneys

Faith Miller, et al.
Brett A. ScherKaufman Dolowich & Voluck, LLP, Respondent
Fisher, In Re Jason D.
Jason D. Fisher — Petitioner
Jo-Ann Cambareri and Guttridge & Cambareri, P.C.
Lois Ann BladykasRuskin Moscou Faltischek, P.C., Respondent