No. 23-5197

Marshall Ray Partain v. Jason Hallmark, et al.

Lower Court: Fifth Circuit
Docketed: 2023-07-26
Status: Denied
Type: IFP
IFP
Tags: appeal-dismissal civil-procedure court-of-appeals deadlines due-process federal-rules-of-civil-procedure filing-deadline judicial-process legal-timeliness mental-illness procedural-grounds standing
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Should a federal district court allow an appeal to proceed if the opposing party fails to object to an untimely filed appeal?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ; — Question #L > th a federal distvict court accepts a Nobice of Appeal and an Appellauts Grounds foy Appeal ) aud the opposing party fails to object to an ceathindly filed appeal ) sheuld fhe appeal ke allawed to proceed ? | Question #2; cs it Aypoevitical for the Court of Appeals to claim that theg , “liberally Constvac pro -92 filings y and then hold a mentally fl Appellant ty Ha Stringed stondards of an adforney for aisSng a deadfine by /4 days duz ty bus continements foy severe tental-/ness P Question ®3 > Under the Fed. ht. Rule FUCA XN, /f uses mandatory words suck as LMMEDIATELY and M ust, however, Rule 47(d)(2) contradicts Kule FAA) by basically stafing Hat Notification & He Clerk ‘s merely a comvenence. for ff itty aucts on does suck a contrad: charg statue depart trom He accepted and ususk course of jute Proceedings P | i

Docket Entries

2023-10-02
Petition DENIED.
2023-09-07
DISTRIBUTED for Conference of 9/26/2023.
2023-04-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 25, 2023)

Attorneys

Marshall R. Partain
Marshall Ray Partain — Petitioner
Marshall Ray Partain — Petitioner