No. 23-5576

Robert William Pann v. Sherry L. Burt, Warden, et al.

Lower Court: Sixth Circuit
Docketed: 2023-09-14
Status: Denied
Type: IFP
IFP
Tags: access-to-courts ex-parte-proceeding extrinsic-fraud first-amendment lewis-v-casey prison-conditions prisoner-rights probate-court prosecutorial-misconduct
Key Terms:
DueProcess Securities JusticiabilityDoctri
Latest Conference: 2023-11-17
Question Presented (AI Summary)

Is Petitioner's First Amendment right of access to the courts violated by the rule announced in Lewis v. Casey being too narrow by strictly limiting it to attacks on criminal sentences and prison conditions when prison officials deliberately interfere and impede a prisoner's access to other legal actions, such as the prosecution's use of extrinsic fraud on an ex parte probate court proceeding?

Question Presented (OCR Extract)

QUESTIONS PRESENTED _ Petitioner Robert Pann was denied access to the court's for contesting manufactured pre-trial criminal evidence by the prosecution's use of beth extrinsic and intrinsic fraud on an ex parte probate court proceeding. The lower court ruled “proof of © parenthood” required for standing, and denied stay of proceedings for document retrieval from their court records. Michigan Court of Appeals affirmed using a different rule. Petitioner's prison mail room deliberately held their incoming mailed order for over . J-days causing Petitioner to mise their 21-day deadline. . Petitioner's prison law librarian refused to timely provide photocopy service for Michigan Supreme Court, causing Petitioner to miss their deadline. Petitioner filed § 1983 for denial of meaningful access to the courts. The United States District Court | 4 dismissed relying on Heck's procedural bar and Lewis. The Sixth Circuit Court of Appeals affirmed, ruling Heck does not bar ; relief, do to the fact Petitioner's issue does not directly . , affect Petitioner's conviction, but Lewis bars relief. : The questions presented are: QUESTION 1: IS PETITIONER'S FIRST AMENDMENT VIOLATED BY THE RULE ANNOUNCED IN LEWIS v. CASEY; TOO NARROW BY BEING STRICTLY FOR ATTAGKS ON GRIMINAL SENTENCES AND PRISON CONDITIONS WHEN PRISON ' OFFICIAL'S DELIBERATELY INTERFERE AND IMPEDE PRISONER'S ACCESS ; WITH OTHER LEGAL ACTIONS; IN WHICH THE PROSECUTION MANUFACTURES PRE-TRIAL CRIMINAL EVIDENCE BY EXTRINSIC FRAUD ON AN EX PARTE PROBATE COURT? i +. « QUESTION 2. DOES THE LEWIS' DECISION REQUIRE EXPANSION DUE TO THE SECOND, THIRD, FOURTH, SEVENTH, NINTH AND TENTH FEDERAL CIRCUIT COURTS ALL OBSERVE, “PRISONER RIGHT OF ACCESS-TO-THECOURTS APPLIES BEYOND CRIMINAL LITIGATION AND PRISON CONDITIONS" WHEN A NONFRIVOLOUS LEGAL CLAIM HAS BEEN FRUSTRATED OR IMPEDED; WHERE PETITIONER'S SIXTH CIRCUIT ADHERES TO LEWIS" STRICT LIMITATIONS? 7 , id ! woe a .

Docket Entries

2023-11-20
Petition DENIED.
2023-11-02
DISTRIBUTED for Conference of 11/17/2023.
2023-08-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 16, 2023)

Attorneys

Robert Pann
Robert William Pann — Petitioner
Robert William Pann — Petitioner