Petition for Writ of Certiorari — Aaron Brent, Petitioner v. Ashley Workman

Supreme Court briefSep 27, 2019

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No. 19-

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IN THE

Aaron Brent

Petitioner,

Ashley Workman

Respondent.

On Writ of Certiorari to

the Michigan Court of

Appeals

MOTION TO PROCEED IN FORMA PAUPERIS

Aaron Brent

Petitioner pro per

120 Circle St.

London, Ky. 40744

(606) 770-5110

RECfciVcZD

OCT 1 - 2i3

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Petitioner Aaron Brent requests this Court to allow him to proceed in forma pauperis pursuant to

U.S. Supreme Court Rule 39 and in support states the following:

1. As shown by the attached affidavit (exh 1) and Kentucky Department of Community

Services documentation (exh 2) Mr. Brent is indigent without any real assets to pay for these

proceedings.

2. Although no Court has ordered that fees be waived, all fees in the Michigan Courts have

been automatically waived by the function of various Michigan Court rules for all personal

protection cases (see MCR 3.703(A), MCR 3.704, MCR 3.707(D), MCR 3.708(B)(1)).

3. Mr. Brent presents a serious question regarding the constitutionality of Michigan’s Personal

Protection law and what minimum requirements of Due Process must be meet before the

State labels a person as a violent offender, infringes on their Second Amendment rights,

takes their property to assign to another, and forever impedes the accused from obtaining

gainful employment and other collateral consequences of the Court’s orders.

Wherefore and for the above stated reasons Mr. Brent prays this Court will grant the

instant motion.

Respectfully submitted,

Aaron Brent

Petitioner pro per

120 Circle St.

London, Ky. 40744

(606) 770-5110

Dated September 27, 2019

EXHIBIT 1

SUPREME COURT OF THE UNITED STATES

Aaron Brent,

Petitioner

Ashley Workman,

Respondent

)

Case No.

AFFIDAVIT ACCOMPANYING MOTION

TO PROCEED IN FORMA PAUPERIS

Affidavit in Support of Motion

Instructions

I swear or affirm under penalty of perjury that,

because of my poverty, I cannot prepay the

docket fees of my appeal or post a bond for

them. I believe I am entitled to redress. I swear

or affirm under penalty of perjury under United

States laws that my answers on this form are

true and correct. (28 U.S.C. § 1746; 18 U.S.C.

§ 1621.)

Complete all questions in this application and

then sign it. Do not leave any blanks: if the

answer to a question is "0," "none," or "not

applicable (N/A)," write in that response. If you

need more space to answer a question or to

explain your answer, attach a separate sheet of

paper identified with your name, your case's

docket number, and the question number.

Signed:

Date:

S'JtJer 37, }Olj

My issues on appeal are:

Michigan law unconstitutionally deprives persons accused of domestic violence meaningful due

process

For both you and your spouse estimate the average amount of money received from each

of the following sources during the past 12 months. Adjust any amount that was received

weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use

gross amounts, that is, amounts before any deductions for taxes or otherwise.

Average monthly amount Amount expected next

month

during the past 12

months

Income source

You

Spouse

You

Spouse

Employment

Self-employment

Income from real property (such as

rental income)

Interest and dividends

Gifts

Alimony

Child support

Retirement (such as social security,

pensions, annuities, insurance)

Disability (such as social security,

insurance payments)

Unemployment payments

Public-assistance (such as welfare)

$505.00

Other (specify):

Total monthly income:

List your employment history for the past two years, most recent employerfirst. (Gross

monthly pay is before taxes or other deductions.)

Employer

Address

Dates of employment

Gross

monthly pay

None

List your spouse's employment historyfor the past two years, most recent employerfirst.

(Gross monthly pay is before taxes or other deductions.)

Employer

Dates of employment

Address

None

Gross

monthly pay

How much cash do you and your spouse have? $__0

Below, state any money you or your spouse have in hank accounts or in any other

financial institution.

Financial Institution

Type of Account

None

Amount you have

Amountyour

spouse has

Ifyou are a prisoner seeking to appeal a judgment in a civil action or proceeding, you must

attach a statement certified by the appropriate institutional officer showing all receipts,

expenditures, and balances during the last six months in your institutional accounts. Ifyou

have multiple accounts, perhaps because you have been in multiple institutions, attach one

certified statement of each account

List the assets, and their values, which you own or your spouse owns. Do not list clothing

and ordinary householdfurnishings.

Home

Other real estate

Motor vehicle #1

(Value) $None

Make and year:

Model:

Registration #:

Motor vehicle #2

Other assets

(Value) $

Make and year:

Model:

Registration #:

State every person, business, or organization owing you or your spouse money, and the

amount owed.

Person owing you or your spouse

money

Amount owed to you

Amount owed to your

spouse

None

State the persons who rely on you or your spouse for support.

Name [or, if under 18, initials only]

Relationship

Age

Blake Brent

son

Clark Brent

son

Estimate the average monthly expenses ofyou and yourfamily. Show separately the

amounts paid by your spouse. Adjust any payments that are made weekly, biweekly,

quarterly, semiannually, or annually to show the monthly rate.

You

Your Spouse

Rent or home-mortgage payment (include lot rented for mobile $0

home)

Are real estate taxes included?

H Yes [ ] No

Is property insurance included?

[ ] Yes [ ] No

Utilities (electricity, heating fuel, water, sewer, and telephone)

Home maintenance (repairs and upkeep)

Food

$505.00

Clothing

Laundry and dry-cleaning

Medical and dental expenses

Transportation (not including motor vehicle payments)

Recreation, entertainment, newspapers, magazines, etc.

Insurance (not deducted from wages or included in mortgage payments)

Homeowner's or renter's:

Life:

Health:

$.0

Motor vehicle:

Other:

Motor Vehicle:

Credit card (name):

Department store (name):

Other:

Regular expenses for operation of business, profession, or farm $0

(attach detailed statement)

$505.00

$N/A

Taxes (not deducted from wages or included in mortgage

payments) (specify):

Installment payments

Alimony, maintenance, and support paid to others

Other (specify):

Total monthly expenses:

Do you expect any major changes to your monthly income or expenses or in your assets

or liabilities during the next 12 months?

[ ] Yes [ xj No

10.

If yes, describe on air attached sheet.

Have you spent — or will you be spending — any moneyfor expenses or attorney fees in

connection with this lawsuit? [ ] Yes [x ] No

Ifyes, how-much? $

11.

Provide any other information that will help explain why you cannot pay the docketfees

for your appeal.

The entry of the order under appeal striped me of all of my worldly possessions. Further

my attempts tor find gainful employment has been hindered by this same order as 1 am

know listed as a violent offender.

12.

State the city and state ofyour legal residence.

London, Kentucky

Your daytimephone number: (606) 770-51 10

Your age: 26

Your years ofschooling: 12 (High School Graduate)

Last four digits ofyour social-security number: 3838

EXHIBIT 2

KIF-105.3

02/16

COMMONWEALTH OF KENTUCKY

Date: 07/09/2019

Cabinet for Health and Family Services

Case Number: 111126943

Department for Community Based Services

AARON L BRENT

120 CIRCLE ST

LONDON, KY 40744-8555

Information About Your SNAP Benefits

We have reviewed your Supplemental Nutrition Assistance Program (SNAP) case. You will get

$505.00 a month from August 01, 2019 until the end of January 31, 2020, based on the

following information:

Gross Income (before taxes or deductions)

Earned

Unearned

$0.00

Expenses and Deductions

SNAP rules do not always allow us to count all the expenses you report. Here are your

expenses and the amounts we were allowed to deduct:

Actual

Earned Income (20% of

gross earnings)

Dependent Care

Legal Child Support Paid

Shelter

Medical

$0.00

Allowable

$0.00

Monthly Benefits

SNAP benefits you will get

Household Size

Income Limit

$505.00

$2,252.00

The following changes must be reported no later than 10 days after the end of the month the

change occurs:

When the gross income for your household size exceeds the income limit listed above; or

When a member of your household age 18 through 49 years old, and subject to ABAWD

requirements, has their work hours reduced to fewer than 20 hours a week.

Gross income means the amount of all earned and unearned income before any deductions,

such as taxes, are taken out.

You will get SNAP benefits for:

Case Number: 111126943

Date: 07/09/2019

CLARK J BRENT

AARON L BRENT

BLAKE A BRENT

Need help? Have questions? Call 1-855-306-8959

If you want legal help, you may be able to get free legal help from your local legal aid office at

606-546-5115.

Household

Size

Income Limit $1,316

Each

Additional

Member

$1,784

$2,252

$2,720 j $3,188

$3,656

$4,124

$4,592

$468

iEPORTCHANGES;

/ ]

^ t

foSowing changes must be reported no iater than 10 days

after the end of the month the change occurs:

•

When the income for your household exceeds the

gross income limit for your appropriate household

size (refer to chart on prior page); or

When a member of *jur household age 18-49

years old, and subject to ABAWD requirements.

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Additionally, program information may be made available in

taooy5»<joc ntfogr (bon

To file a program complaint of discrimination, complete the

USDA Program Discrimination Complaint Form, (AD-3027)

found online at:

http://www.ascr.usda.gov/comDlaint filing custhtml. and at

any USDA office, or write a tetter addressed to USDA and

provide in the letter all of the information requested in the

form. To request a copy of the complaint form, call

'5-666-632-9992. Submit your completed form or letter to

USDA by:

IlUifS fft>t iMjdK,

Call 1-855-306-8959 to report changes.

DCBS accepts calls between 8:00 a.m. and 3:00 p.m.,

Monday through Friday.

mail: U.S. Department of Agriculture

Office of the Assistant Secretary for Civil Rights

1400 Independence Avenue.SW,

Washington DC, 20250-9410

(2)

fax: 20?-ft<MV722?; nr

(3)

email: proaram.intake@usda.gov

FOi-fcOW THESE RUtES:

•

Do NOT give false information or hide information to

get SNAP benefits.

Do NOT trade or sell SNAP benefits.

Do NOT use SNAP benefits to buy ineligible items,

like alcoholic drinks, soap, tobacco products,

firearms, ammunition, explosives, or a controlled

substance as defined by 21 U.S.C. 802.

Do NOT use someone else's SNAP benefits for

yGUrhCuSctivmi.

•

Do NOT use your SNAP benefits for someone

outside of your household.

DO NOT use your SNAP benefits to pay on a credit

account, even if it is for SNAP eligible food.

Do NOT sell food purchased with SNAP benefits

» ycsj break these roles you may be stopped from getting

benefits and you can be prosecuted. You could be:

Stopped from getting SNAP benefits for 1 year, 2

years, or permanently;

•

Fined up to $250,000 or jailed up to 20 years, or

both; and

StnrmnrUrnmnB^innSNAPbensatEfCflQysss

if you are found guilty of giving wrong information

about who you are or where you live.

Qhring wrong information on purpose may result in us

taking legal action against you, either criminal or civil. It

might also mean we reduce your benefits or take money

back "otn you.

-rf-—,

•

IT3

To quick action whenever you report a change.

To get notice of any action.

To give us information to show the proposed action

should not be taken.

To discuss your benefits with a worker.

To receive fair treatment

This institution is an equal opportunity provider.

For any other information dealing with Supplemental

NvMtion Assistance Program (SNAP) Issues, persons

shoukTelther contact the USDA SNAP Hofline Number at

1-GOG-221-nuo3, which ?s aiso in Spanish or cafl the State

Information/Hotline Numbers (dick the fink for a fisting of

hotline

numbers

by State);

found online at

http://www.fris.usda.gov/snao/contact info/hntlineg hfm

You may also file your complaint with the Cabinet for Health

arid Family Services by writing or calling:

Office of Human Resource Management

EEO Compliance Branch

275 E Main St5C-D

Frankfort KY, 40621

502-564-7770 ext 4107

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......................

___________________________

Do you disagree with something we have done to your

benefits? If so, you may ask thr a hearing with** on a-,,from the date of this notice.

Want to continue vour benefits?

Ask for a hearing within 10 days from the date of this

notice. This may allow you to get the same benefits until the

hearing officer makes a decision. You may have to pay bat*

these benefits if the decision is not in your favor.

! want tny same bfeiieJiis continued unfit the hearing officer

makes a decision.

Check: YES

How do I ask for a hearing?

Call DCBS at 1-8558088959; OR

Complaints about your case? Call the Ombudsman at

1800-372-2973 or (TTY) 1-800-627-4702.

Attach a separate sheet of paper to explain vnur masnn for

requesting a hearing, sign and date then:

Return to any DCBS office; OR

Return to:

You may have rights under Section 504 of the Rehabilitation Act

and the Americans with Disabilities Act If you have a physical

or mental problem that limits you, such as mental IHhess,

trouble learning, drug or alcohol addiction, depression, moving

around, hearing or seeing, call 1-855-306-8959.

Cabinet for Health and Family Services

Division of Administrative Hearings

Family and Children Administrative Hearings

Branch

Call 1-855-306-8959. for other kinds of help. Here are some of

the ways we can help:

•

We can call you if you are not able to come to our

office.

■ We can tell you what this tetter means.

•

If you cannot do something we ask, we can help

you or change what you have to do.

. - •.*— -W&—sar«_M65p™yua~«sKunre _probfemsL_wriilout_a._

hearing.

•

We can help you request a hearing.

In accordance with Federal civil rights law and U.S. Department

of Agriculture (USDA) civil rights regulations and policies, the

USDA, its Agendas, offices, and employees, and institutions

partldpating in or administering USDA programs are prohibited

from discriminating based on race.

color, national origin, sex, religious creed, disability, age,

AT mnrieol

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Frankfort, KY, 40601

What will happen at the hearing?

• You may tell your side of the story or bring a

friend, relative, or lawyer to speak for you.

4 You «ah bring witnesses and papers to help ted

your story.

•--- The hearing officer vrill decide what the State wS)

----------do 3fter.hearing boihsktesofthe story.

• You will be told what to do if you disagree with the

hearing officer’s decision.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.