- dismissal for lack of jurisdiction;
- dismissal, where there is jurisdiction, but the plaintiff (including a civil rights plaintiff), according to the district court, failed to state a claim entitling him or her to relief in court;
- the complaint was frivolous;
- dismissal was on grounds specified in 28 U.S.C. § 1915(e)(2), a statute dedicated with dealing with "in forma pauperis" (poor, indigent) appellants, which includes the following grounds for dismissal:
- the allegation of poverty is untrue;
- the action or appeal is frivolous or malicious;
- the action or appeal fails to state a claim;
- the action or appeal "seeks monetary relief against a defendant who is immune from such relief" (see photocopy of the statute below)
The goal of an appeal, generally, is for the appellate court to determine whether the district court has made an error of any kind, including the error of dismissing the action on any grounds.
By the "expedited calendar rule" appellants, including
- civil rights appellants, including
- pro se appellants, including
- poor/indigent appellants, including
- civil rights pro se indigent appellants,
are given LESS TIME to do research and present arguments to the appellate court than appellants who appeal from later stages of litigation in district courts, merely on the basis that district courts made a potential error of early dismissal of their lawsuits.
Thus, the type of error of the district court determine, for the U.S. Court of Appeals for the 2nd Circuit, the rights of civil rights plaintiffs/appellants on appeal.
First of all, this is a very convenient rule for the district courts.
As long as a district court dismisses a civil rights lawsuit early on, erroneously or not, the victim of the district court's error, by virtue of that error, is given less rights on appeal than an appellant who appeals, let's say, from the summary judgment or a jury verdict of the same district court.
Such a rule practically encourages district court into sloppy review of motions to dismiss, because by restricting rights of appellants based on the type of error of the district court, the appellate court practically signals to the district court its deference and support of such of whatever decisions made by district courts on the "expedited" grounds, no matter how erroneous.
And that is, ladies and gentlemen, an unconstitutional pre-judgment of appeals and denial of access to courts by a federal appellate court, predominantly to civil rights litigants.
- governed by the Local Rule 27.1.
Here is the Local Rule 27.1 in its full glory.
A court cannot act as an advocate for a party, it is judicial misconduct.
- filed the civil rights lawsuit because their constitutional rights were violated in the first place;
- were further victimized by the district court, and that's why they seek an appeal;
- and are further victimized by the 2nd Circuit - before their appeal is even heard.
So, civil rights litigants and appellants can discern from the treatment by federal courts that, instead of the declared
NOBODY IS BELOW OR ABOVE THE LAW
TRASH TO BE TAKEN OUT BY NON-JUDICIAL EMPLOYEES
and that is before they even filed their appeals.
That's quite an encouragement for civil rights litigation.
And the U.S. Congress enacted 42 U.S.C. 1988 specifically to encourage civil rights litigation, so upholding the letter and spirit of the federal law is and was in every oath of every federal judge, including each and every judge of the 2nd Circuit.
Yet, instead of honoring their oath of office, they are
TREATING CIVIL RIGHTS LITIGANTS LIKE TRASH.
And it is for you, ladies and gentlemen, to allow or not allow this travesty of justice to proceed.
You and only you, the People, have a right to change this "status quo".
Demand your representative in the U.S. Legislature to legislatively address these constitutional violations by federal courts from your legal representatives in the U.S. Legislature.
Until and unless you do that, federal courts will continue "facilitating" review of appeals by restricting appellant's rights with a view to dismiss appeals raising sensitive issues against the government.
Until and unless you do that, federal courts will continue to regard civil rights litigants daring to sue the government for violating your constitutional rights