No. 24-5165

Leonard W. Houston, as Beneficiary of Estate of Luis Houston Sr., Deceased v. Highland Care Center, Inc., Skilled Nursing Home

Lower Court: Second Circuit
Docketed: 2024-07-29
Status: Denied
Type: IFP
IFP
Tags: civil-rights civil-rights-act due-process federal-court-access in-forma-pauperis indigent-litigant judicial-screening nursing-home pro-se-litigation resident-rights standing
Key Terms:
SocialSecurity Securities JusticiabilityDoctri
Latest Conference: 2024-09-30
Question Presented (AI Summary)

in-forma-pauperis

Question Presented (OCR Extract)

QUESTION(S) PRESENTED The filing a lawsuit in federal court, the Plaintiff, Lonard W. Houston, as Beneficiary of the Estate of Louis Houston, Sr., Decedent, is required to pay certain filing fees. The Court has the authority to allow his case to proceed without the prepayment of fees “by a person who affirms by affidavit : that he of she is unable to pay coasts. (28 U.S.C. §1915(a)()). The Plaintiff Leonard W. Houston, ee Beneficiary of the Estate of Louis Houston, Sr. Decedent, has filed this affidavit along with a request ; and Motion for Leave to Proceed in Forma Paupetis (See Fed. R. Civ. P. 24) Thus, the purpose of the “federal in forma statute. . .is designed to ensure that indigent litigants have meaningful access to federal court.” Neitzke v. Williams, 490 U.S. 319, 324,109 S. Ct 1827, 1831 (1989). , _ The lower Court has not permitted the prv-se to proceed with this entitled action in forma paueris and thus, subject to said “Motion Statement” with the attached “Exhibits” in : support thereof. to screening under 28 U.S.C. §28 U.S.C. §1915 (€)., when events not contemplated by the moving patties herein, render enforcement of the judgment “inequitable” as apparent in this ; case under the Civil Rights Act (42 USC. §1983), as amended. and the adapted federal Jaw and regulation — “Resident rights” (42 C.F.R. 6483.10, et seq.) The sole question herein presented for review as to the erroneously and improperly dismissal of the ; pro-se case under 28 U.S.C.§ 28 U.S.C. §1915 (€) (2)(B) — Whether the underlying claims of the -pmv se-of dismissal of its Motion Statement of the facts lacks merit and/or similarly deficient. Which the lower Court, upon said Appellant, pro-se ; : moved for leave to proceed in forma pauperis, and thus, Ordered that ; the motion is DENIED, and the appeal is DISMISSED, because it , “Jacks an arguable basis either in law or in fact.” : iting, s2e 28 U.S.C. §1915(€) (2) (B)? : : . a rN . : . . ; ;

Docket Entries

2024-10-07
Petition DENIED.
2024-09-12
DISTRIBUTED for Conference of 9/30/2024.
2024-07-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 28, 2024)

Attorneys

Leonard W. Houston
Leonard W. Houston — Petitioner
Leonard W. Houston — Petitioner