No. 23-5545

Robert K. Decker v. Federal Bureau of Prisons

Lower Court: Seventh Circuit
Docketed: 2023-09-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: access-to-courts administrative-procedure-act amended-complaint amendment civil-procedure due-process federal-jurisdiction pleadings pro-se-litigant
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2023-10-27
Question Presented (AI Summary)

Did the lower courts err in dismissing the case and denying the petitioner's motion to amend the complaint

Question Presented (from Petition)

QUESTIONS PRESENTED I. Did the Seventh Circuit Court of Appeals err in the decision to Affirm the United States District Court's decision in dismissing the case. II. Did the Seventh Circuit Court of Appeals err in the decision to Affirm the United States District Court's decision in denying the Petitioner, Robert K. Decker in filing: a motion for "Leave to file an Amended Complaint" adding the United States as a proper Defendant in the instant action. III. Did the United States District Court fail to take into consideration of Foman_v. Davis, 371 U.S. 178 (1962), in the filing of the Amended Complaint. . Iv. Did the United States District Court and the Seventh Circuit Court of Appeals err, pursuant to: Erickson v. Pardus, 551 U.S. 89, 94 (2007), by holding the filings at a less stringent standard than formal pleadings drafted by lawyers than a pro se litigant. ; Vv. Did the United States District Court err by not allowing the Petitioner, Robert K. Decker to file an Amended Complaint : pursuant to Fed.R.Civ.P. 15(a),(c)(2) that related back to the origianl complaint. -ii: LIST OF PROCEEDING IN THE LOWER COURTS 1. This case was first filed in the United States District Court in the Southern District of Indiana, in Terre Haute, Division, on June 23, 2021. 2. The District Court had access to the courts claim alleged in the original complaint. See Dkt. 1 at 9. 3. The Robert K. Decker, hereinafter, "Mr. Decker" later sought leave to amend his complaint pursuant to add a damages claim against the United States for failing to provide adequate access to state law.:resources. See Dkt. 21. 4. The District Court had erred in allowing Mr. Decker the right to amend his complaint pursuant to the Federal Rules of Civil Procedure 15(a). & (c). en oo. a 7 7 ek 5. In the original complaint that was filed with the United States District Court, on June 23, 2021, Mr. Decker had claimed a denial of access to the courts claim,(even though it was not well pled, he did in fact claim a denial of access to the courts claims. (See page 9 of the original complaint. 6. in Mr. Decker "First Amended Complaint" he had stated that he was denied "access to the courts claim" more profoundly in the "First Amended Complaint." This should of been acceptable to the court pursuant to Foman v. Davis, 371 U.S. 170 (£962). 7. Mr. Decker then filed a Motion to reconsider their prior decision . He had asked the court to dismiss the APA claim as moot —hbecause he was being transferred out of the Communications Management Unit in Terre Haute, Federal Corréctional Institution, but that was not the case on the grounds that Mr. Decker was transferred to -iii: the Communications Management Unit in Marion United States Penititiary, in Marion, Illinois any ways. See Dkt.32%. 56timMy. Decker then filed a motion back totthe United States District Court within a year to re-open the case on the grounds that the APA claim was not moot as first claimed by Mr. Decker. That motion was also denied as being futile and on the grounds that’:the case was presently pendingiim the Seventh Circuit Court of Appeals. 8. Mr. Decker had filed his Notice of Appeal in the Seventh Circuit Court of Appeals on August 19, 2022. The briefs were ‘ SubmittedvonApril 13, 2023 and was decided on April 14, 2023, in which the Court of Appeals had denied the appeal and affirmed the decision of the United State District Court. 9. Mr. Decker then filed for a Hearing En Banc on May 3Y,2023j, the petition for rehearing was denied on May 19, 2023. 10. The Petition for Certborari has now been filed with this Honorable Court for consideration. JURISDICITION BASIS The United States District Court had jurisdition on the basis of 28 U.S.C. §1331, "Federal Question," 28 U.S.C. §§2201 & 2202 "Declaratory Judgment Acty" 5 U.S.C. §551, "Administrative Procedure Act," and Bivens v. Six Unknown Named Agent of the Federal Bureau of Narcotics, 402 U.S. 388 (1971), and the "Preliminary Injunction" pursuant to Federal Rules of Ci

Docket Entries

2023-10-30
Petition DENIED.
2023-10-12
DISTRIBUTED for Conference of 10/27/2023.
2023-10-10
Waiver of right of respondent Bureau of Prisons to respond filed.
2023-07-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 10, 2023)

Attorneys

Bureau of Prisons
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Robert K. Decker
Robert K. Decker — Petitioner
Robert K. Decker — Petitioner