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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 116753
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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I need a case law in support of my Emergency Motion to Rule

Customer Question

I need a case law in support of my Emergency Motion to Rule to demonstrate "that Justice delayed is justice denied"The Judge asked the Clerk to submit my action to a District Judge fir a frivolity determination pursuant to 28USC 1915A.I act pro see but I am not a prisoner..Thank you,Thomas Delor
Submitted: 9 months ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
First off, if you are not a prisoner, how are you looking to apply a law that specifically says "prisoner" is one of the requirements?
Secondly, just because you are in a hurry for a response does not mean it is an emergency on the part of the court, you need to understand that. Even under 28 USC 1915A there are rare instances for the motion being heard on an emergency basis when someone is a prisoner. There is nothing in actual case law saying "justice delayed is justice denied" as you want to say above. There has to be an actual valid reason for the emergency, such as continued impairment of a civil right (such as false imprisonment) for which no monetary remedy can be provided to compensate for the injury or continued injury.
Customer: replied 9 months ago.
Is your conclusion that I have no recourse to have a District Court formulate an opinion even thought the Magistrate Court asked the District Judge to rule on a status which cannot be applied for me?
Is there another way to have a ruling before the election of Nov. 8 ?How about my right to have may day in Court?
Customer: replied 9 months ago.
I rather use the internet.tom
Customer: replied 9 months ago.
I have nothing else to add.
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
Legally, it is up to the judge's discretion to rule in a reasonable time. Filing for an emergency hearing absent any imminent danger or true emergency is not going to mean the court has to hear it any faster. If the magistrate asked the court to rule and you need a ruling before November 8 because it impacts your right to vote, then that IS the emergency condition you would use in your motion for expedited decision, since a decision that comes after November 8 does not help your claims (presuming your claim involves your rights regarding voting).

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