No. 25-6484

Donald N. S. Mortvedt v. Charles E. Clawson, III, et al.

Lower Court: Eighth Circuit
Docketed: 2026-01-06
Status: Denied
Type: IFP
IFP
Tags: due-process fourteenth-amendment parental-liberty pro-se section-1983 sua-sponte
Latest Conference: 2026-03-06
Question Presented (from Petition)

1. Whether the Due Process Clause of the Fourteenth Amendment excludes equity from jurisdiction over deprivations of liberty, including parental liberty.

2. Whether a district court's sua sponte dismissal of a pro se, fee-paid § 1983 action, without notice or leave to amend to add proper state officials under Ex parte Young or to present the federal constitutional questions, violates due process, burdens the First Amendment right to petition, and impairs this Court's appellate jurisdiction.

Question Presented (AI Summary)

Whether the Due Process Clause of the Fourteenth Amendment excludes equity from jurisdiction over deprivations of liberty, including parental liberty; and whether a district court's sua sponte dismissal of a pro se, fee-paid § 1983 action violates due process

Docket Entries

2026-03-09
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until March 30, 2026, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2026-02-19
DISTRIBUTED for Conference of 3/6/2026.
2025-11-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 5, 2026)

Attorneys

Donald N. S. Mortvedt
Donald Mortvedt III — Petitioner