JusticiabilityDoctri
Whether the Circuit Court Judge and Clerk exceeded their jurisdiction by denying an IFP motion and dismissing an appeal without proper notice
QUESTIONS PRESENTED Petitioner contends that the Respondent Judge and Circuit court clerk exceeded their jurisdiction when engaging in acts of a judicial nature which unjustifiably delays this court’s review of the merits of a district court order dismissing Petitioner’s case for lack of jurisdiction. On 6/25/2024, Respondent Circuit Judge Barbara Lagoa denied Petitioner's IFP motion on the grounds of frivolity. On 7/2/2024, Petitioner moved to disqualify judge Lagoa asserting actual or appearances of a prerequisite intent to impede or reach a decision adverse to him. On 7/17/2024, without providing Petitioner notice of a fixed time to pay the filing fee nor providing a required deficiency notice, the Respondent Circuit court clerk dismissed the Petitioner's appeal for want of prosecution for failure to pay said filing fee. On 7/18/2024 Petitioner then filed a Motion for Review by a panel of the court of judge Lagoa's order denying his IFP motion and on 7/22/2024, filed a Motion to Reinstate his appeal. On 7/23/2024, the Circuit court clerk's office denied such motion stating, “the case is closed.” On 8/5/2024, Petitioner filed a motion for panel review of the clerk's failure to reinstate his appeal which was denied by the circuit clerk's office itself. The Petitioner contends facts show Respondents acted with an intent to reach a decision adverse to him the evidencing actual or the appearances of prerequisite bias, prejudice, partiality and antagonism and are delays not occasioned by appeal. The Questions presented are below: Whether the Circuit Court Judge was disqualified and exceeded her jurisdiction in denying the Petitioner's Motion to proceed IFP? Whether the Circuit court clerk’s office was disqualified and exceeded its jurisdiction when performing tasks that were an integral part of a judicial function? Whether the Clerk's failure to provide Petitioner a required deficiency notice prior to dismissal of his appeal for want of prosecution was a failure to perform its ministerial duties? : i