No. 23-6395

In Re Daniel Lee Beckley

Lower Court: N/A
Docketed: 2023-12-28
Status: Denied
Type: IFP
IFP
Tags: all-writs-act appellate-procedure federal-appeals filing-deadline houston-v-lack incarcerated-person mandamus prison-mail prisoner-litigation pro-se-filing supreme-court-mandate timely-filing
Latest Conference: 2024-02-23
Question Presented (from Petition)

In Houston v. lack , 487 U.S. 266,108 S.Ct. 2379, 101 L.Ed.2d 245 (1988), this Honorable Court held that when an incarcerated person submits his/her legal pleadings to a prison official for mailing that legal pleading is deemed filed into the court on the date it was given to the prison official.

Hie question presented is whether a writ of mandamus should issue directing the court of appeals to abide by the Supreme Court's holding in Houston v. lack and accept Petitioner's petition for En Banc Rehearing that was given to the classification department here at the Louisiana State Penitential at Angola for mailing on October 5, 2023 which was ten (10) days after Petitioner received the court of appeals ruling on September 25,2023.

Question Presented (AI Summary)

Whether a writ of mandamus should issue directing the court of appeals to abide by the Supreme Court's holding in Houston v. Lack and accept Petitioner's petition for En Banc Rehearing

Docket Entries

2024-02-26
Petition DENIED.
2024-02-08
DISTRIBUTED for Conference of 2/23/2024.
2023-12-18
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due January 29, 2024)

Attorneys

Daniel L. Beckley
Daniel Lee Beckley — Petitioner