No. 23-7315

In Re Craig Michael Ralston

Lower Court: N/A
Docketed: 2024-04-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: access-to-courts appellate-procedure clerical-error federal-rules-of-appellate-procedure houston-v-lack judicial-review mail-receipt postal-service prison-mailbox-rule timely-filing
Key Terms:
Securities
Latest Conference: 2024-06-13
Question Presented (AI Summary)

Is a certified mail receipt and date-stamp from the United States Postal Service along with the Prison Mailroom time-stamp enough to meet the requirements for timely filing set forth by this Court in Houston v. Lack 487 US 266, 108 S.ct. 2379 (1988) and the requirements of Federal Rule of Appellate Procedure 25(a)(2)(A) (iii)?

Question Presented (from Petition)

QUESTIONS PRESENTED Is a certified mail receipt and date-stamp from the United . States Postal Service along with the Prison Mailroom time-stamp enough to meet the requirements for timely filing set forth by this Court in Houston v. Lack 487 US 266, 108 S.ct. 2379 (1988). and the requirements of Federal Rule of Appellate Procedure 25(a)(2)(A) (iii)? . Is it the responsibility of the Eighth Circuit Court of Appeals to correct their own clerical error which bars access to their court and The United States Supreme Court when there is opportunity to remedy it? RELIEF SOUGHT 1) Mandate that the Eighth Circuit Court of Appeals accept the Petition for Panel Reconsideration as timely. 2) Recall the Mandate of the Eighth Circuit's ORDER from May 16, 2023.

Docket Entries

2024-06-17
Petition DENIED.
2024-05-29
DISTRIBUTED for Conference of 6/13/2024.
2024-05-07
Waiver of right of respondent United States to respond filed.
2024-02-14
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due May 28, 2024)

Attorneys

Craig Michael Ralston
Craig Michael Ralston — Petitioner
Craig Michael Ralston — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent