No. 23-5871

Darryl Smith v. United States District Court for the Northern District of Ohio

Lower Court: Sixth Circuit
Docketed: 2023-10-24
Status: Denied
Type: IFP
IFP
Tags: appeals criminal-conviction due-process habeas-corpus judicial-sanction pro-se pro-se-prisoner vexatious-litigator
Key Terms:
AdministrativeLaw SocialSecurity Immigration
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Whether judges and magistrates can collectively craft orders to impose a vexatious litigator tag on a pro se prisoner and ban his filings to appeal his criminal convictions and imprisonment

Question Presented (OCR Extract)

issues PResenTedD oo, i) INA 28 USE 2254 HABEAS CORPUS (APPEALING A CRIMINAL CONVICTION) CAN JUDGES AND MAGISTRATES .OF A U,S, DIST. COURT éollecrively CRAFT ORdeRS To IMPOSE A VEXATIOUS LITIGATOR © . TAG ON A PROS@ PRISONER ANd BAN. His FILINGS Td APPEAL . HIS CRIMINAL CONVICTIONS AAld IMPRISONMENT, 2) IN A 28 USC 2254 HABEAS CoRPUS CASE, CAN JUDGES ANd . MAGISTRATES USS THe VEXATIOUS LITIGATOR LAw To BAN. ANd Shur down A PRO S@ PRISONER'S PLEADINGS Whos | APPEALING HIS CRIMINAL CONVICTIONS Altd IMPRISONMENT, 3) in A 28 USC 1254 HABEAS CORPUS CASE, CAN JUDGES USE, Rely on ANd “BopRow* A VEXATIOUS LITIGATOR BAN oRdeRs . | by ANOTHER JubEee ( Nor ASSiGNed To THE HABEAS CORPUS Gase) TO Shut dowN And BAN A PROSE PRISONER'S PLEADINGS Who 1S APPEALING HIS CRIMINAL CONVICTIONS ANd IMPRISONMENT. 4) in A 28 USC 2254 HABEAS CORPUS CASE, CAN JUDGES ARBI~ TRARIly IMPOSE A“ BoRROWed * VEXATIOUS LITIGATOR BAN ON A PRo S@ PRISONER (who IS APPEALING HIS CRIMINAL CONVICTION) wiTHout ANy bue PROCESS PROCEdURAL HEARING To Allow THE prisoner To CONTEST THE SANCTION Avid be heard, 5) WW A 28 USC 2254 HABEAS CORPUS CASE CAN JUDGES imPose A ‘BoRROwed" VEXATIOUS LITIGATOR BAN ON A PROSe PRISONER CONTESTING HIS CONVICTIONS ANd Silence his ACTUAL MNo~ -@ence CLAIMS THAT IS SUPPORTed by INNOCENCE evidence: a en nee ae

Docket Entries

2024-01-08
Petition DENIED.
2023-12-07
DISTRIBUTED for Conference of 1/5/2024.
2023-08-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 24, 2023)
2023-07-05
Application (23A5) granted by Justice Kavanaugh extending the time to file until August 21, 2023.
2023-06-22
Application (23A5) to extend the time to file a petition for a writ of certiorari from June 22, 2023 to August 21, 2023, submitted to Justice Kavanaugh.

Attorneys

Darryl Smith
Darryl Smith — Petitioner
Darryl Smith — Petitioner