Michael Horton v. Captain Gilchrist, et al.
DueProcess
May federal courts implement an uncodified special report procedure that divests pro se prisoner litigants of discovery rights afforded them under the Federal Rules and improperly supplants Rule 56 summary judgment procedures in order to manage litigation brought by inmates alleging violations under §1983?
This Court’s precedent is clear that federal courts “should generally not depart from the usual practice under the Federal Rules on the basis of perceived policy concerns.” Jones v. Bock , 549 U.S. 199, 212 (2007). May federal courts implement an uncodified special report procedure that divests pro se prisoner litigants of discovery rights afforded them under the Federal Rules and improperly supplants Rule 56 summary judgment procedures in order to manage litigation brought by inmates alleging violations under §1983?