No. 23A743

Darryl Puderer v. Louisiana

Lower Court: Louisiana
Docketed: 2024-02-09
Status: Presumed Complete
Type: A
Tags: access-to-courts covid-19 habeas-corpus law-library prison-conditions pro-se
Latest Conference: N/A
Question Presented (AI Summary)

Whether a pro se prisoner's limited access to a law library during a COVID-19 lockdown constitutes a violation of his constitutional right to meaningful access to the courts

Question Presented (OCR Extract)

No question identified. : requested information which is needed for the filing of his Writ to this Honorable Court. (3) Additionally, Petitioner states that the “Raymond Laborde Correctional Center” (RLCC) prison facility, where he is currently detained, is still in a state of cautionary lock-down due to the COVID-19 crisis, and a rise in cases because of variants of the virus, and even though he does now have some access to the law library, the access is very limited and only for 1-2 hours each time he is eventually placed on the call-out for the law library, and that he is not always placed on the call-out when he requests it, depending on the amount of offenders who request access around that time. (4) Further, Petitioner states that the RLCC’s Law Library is only open for access to offenders during the weekdays (administrative work days [Monday-Friday]) from 8:00am-7:00pm, and that no offenders have any access during the weekends (Saturdays & Sundays) or on any holiday whatsoever. The building where the law library is located is completely shut-down and off-limits to offenders during the weekends. Further, when Petitioner is finally placed on the call out for access to the library, he is only allowed one (1) two-hour session per allowed access; and, due to the recent cold weather and freezing temperatures, the RLCC Prison Officials have not allowed any offenders access to the law library, due to the building where it’s located being shut-down for approximately one (1) week. (5) Petitioner states that he has limited access to the law library and needed research materials; and, that he has also requested assistance from an “Inmate Counsel Substitute” (ICS), to no avail. Petitioner is a novice and layman of the law and unfamiliar with legal research and court procedure, civil or criminal. Petitioner also lacks computer training and must utilize one while attempting to conduct legal research on “Westlaw.” Petitioner is also a novice typist and it takes him a considerable amount of time to conduct his research and to type any legal documents to be submitted to the court. (6) Petitioner further states that he is a first-time offender and that prior to his arrest, he was a successful small business owner and had no prior arrests, felony convictions, or criminal history whatsoever. Accordingly, Petitioner asserts that is he has absolutely no prior experience with the judicial system and process. (7) Petitioner who is currently proceeding in a Pro Se capacity, requests that this Honorable Court review the instant pleading and any future pleadings, liberally, and in accordance with the rulings of Haines v. Kerner, 404 U.S. 519 92 S.Ct. 594, 30 L. Ed. 2d 652 (1972); State v. Moak, 387 So. 2d 1108 (La. 1980) (Pro-Se petitioner not held to same stringent standards as a trained lawyer); State v. Egana, 771 So. 2d 638 (La. 2000) (Less stringent standards than formal pleadings filed by lawyers). Puderer is a novice and layman of the law and untrained in the ways of filings and pleadings of formal proceedings in this Honorable Federal Court, (8) Further, Petitioner states that his state habeas corpus (Post-Conviction) Petition (Orleans CDC. No. 496-717 [E]), that was recently pending and where he was granted an “out-of-time” appeal, was just recently reversed by the Louisiana Supreme Court on November 8, 2023. Petitioner states that he has written his attorney, Mr. Justin Caine Harrell, of H2 Law, LLC,, and has requested his pro-se assistance with filing an additional pleading in State or Federal Court. However, at this time, Petitioner is waiting to be contacted by his attorney to see if he will be of assistance with further pleadings. Therefore, for the above and foregoing mentioned reasons, is respectfully requesting an “Extension of Time” and an extension of thirty (30) days or until March 8, 2024, to file an application for Writ of Certiorari into this Honorable Court. ss) CONCLUSION AND PRAYER THEREFORE, for the above and foregoin

Docket Entries

2024-02-12
Application (23A743) granted by Justice Alito extending the time to file until March 7, 2024.
2024-01-30
Application (23A743) to extend the time to file a petition for a writ of certiorari from February 6, 2024 to March 7, 2024, submitted to Justice Alito.

Attorneys

Darryl Puderer
Darryl Puderer — Petitioner