Petition for Writ of Certiorari — Donald Brian Winberg, et ux., Petitioners v. United States

Supreme Court briefNov 20, 2019

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Text

case no.

y-6 § 83

IN THE SUPREME COURT OE THE

UNITED STATES

Supreme Court, U.S.

FILED

DONALD BRIAN WINBERG

PETITIONER

NOV 2 0 2019

OFFICE OF THE CLERK

VS .

UNITED STATES GOVERNMENT

RESPONDENT

MOTION FOR LEAVE TO PROCEED

IN FORMA PAUPERIS

The PRO SE. petitioner DONALD BRIAN WINBERG, asks leave

to file the attached petition for a writ of certioari without

prepayment.of costs, to proceed in forma pauperis.

Petitioner has previously been granted leave to proceed

in forma pauperis in the United States District Court and Appeals

Court for the Tenth Circuit of Colorado.

Petitioners affidavit in support of this motion is attached

hereto.

date. 11/

DONALD BRIAN WINBERG

/fi/^

AFFIDAVIT OR DECLARATION

IN SUPPORT OF MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS

DONALD BRIAN

I, —MINBERG------

, am the petitioner in the above-entitled case. In support of

my motion to proceed in forma, pauperis, I state that because of my poverty I am unable to pay

the costs of this case or to give security therefor; and I believe I am entitled to redress.

1. 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.

Income source

Average monthly amount during

the past 12 months

Amount expected

next month

You

Spouse

You

Spouse

Employment

$___ 0

$.__ 0

$__ 0

Self-employment

$___0

$__ 0

Income from real property

(such as rental income)

$__ Q.

$___0

$__ 0

S__ 0

interest and dividends

$___ 0

$____0

s o

$__ 0

Gifts

$___ 0

$___0

$__0

Alimony

$___ 0

$___0

$__ 0_

$___0

Child Support

$___ 0

$.__o

$_o

$__o

Retirement (such as social

security, pensions,

annuities, insurance)

$___ 0

$___0

$__ 0

$___0

Disability (such as social

$___ 0

$__ 0.

$__ 0

$_o.

Unemployment payments

$___ 0

$__o

$_o

$__ g

Public-assistance

(such as welfare)

$__ o.

$__o

$_o

$__o

Other (specify); none

$___0

s__o

$_o

$__o

$___ g

$__ g

$_g

$__g

security, insurance payments)

Total monthly income:

and terms and conditions of the Matthew Bender Master Agreement.

2. List your employment history for the past two years, most recent first (Gross monthly pay

is before taxes or other deductions.)

Employer

Address

none

none-

none

Dates of

Employment

Gross monthly pay

none

3. List your spouse’s employment history for the past two years, most recent employer first

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

Employer

Address

none

Dates of

Employment

Gross monthly pay

none

4. How much cash do you and your spouse have? $

0____________________

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

institution.

Financial Institution

Type of account

none

Amount you have

none

Amount your spouse has

none

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

and ordinary household furnishings.

□ Home

Value

>iki

□ Other real estate

none

Value

none

□ Motor Vehicle #1

Year, make & model

Value

□ Other assets

Description _

Value___0_

none

□ Motor Vehicle #2

- Year, make & model

Value

Q_____

none

and terms and conditions of the Matthew Bender Master Agreement.

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

amount owed.

Person owing you or

Amount owed to you

Amount owed to your spouse

your spouse money

none

$___ 0

none

$___ 0

none

$___ 0

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

Name

Relationship

none

Age

8. Estimate the average monthly expenses of you and your family. Show separately the amounts

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

annually to show t^lmonthly rate.

You

Rent or home-mortgage payment

(include lot rented for mobile home)

Are real estate taxes included? □ Yes [S No

Is property insurance included? □ Yes [3 No

Your spouse

Utilities (electricity, heating fuel,

water, sewer, and telephone)

$___ 0

Home maintenance (repairs and upkeep)

$___ 0

Food

$___ 0

$_a

Clothing

%___ 0

Laundry and dry-cleaning

$___ 0

$__ 0

Medical and dental expenses

$___ 0

$__ 0

and terms and conditions of the Matthew Bender Master Agreement.

You

Your spouse

Transportation (not including motor vehicle payments)

$__o

Recreation, entertainment, newspapers, magazines, etc.

$__ 0

$_0

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

Homeowner’s or renter’s

$__ 0

$_0

Life

$__ 0

Health

$__0

Motor Vehicle

$__ 0

$__o

$_o

Other:

none

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

(specify):

none

$_o_

Installment payments

Motor Vehicle

$___0

Department store(s)

$__o

$___0

none

$___0

Credit card(s)

•;,N

Other:

„

$___0

Alimony, maintenance, and support paid to others

$___0

Regular expenses for operation of business, profession,

or- farm (attach detailed statement)

$__o

$_^0

Other (specify):

no ne

$___0

Total monthly expenses:

$___0

$__o

and terms and conditions of the Matthew Bender Master Agreement.

9. Do you expect any major changes to your monthly income or expenses or In your assets or

liabilities during the next 12 months?

□ Yes

S3 No

If yes, describe on an attached sheet.

10. Have you paid - or will you be paying - an attorney any money for services in connection

with this case, including the completion of this form? □ Yes K3 No

If yes, how much?______________ _______

If yes, state the attorney’s name, address, and telephone number:

11. Have you paid—or will you be paying—anyone other than an attorney (such as a paralegal or

a typist) any money for services in connection with this case, including the completion of this

form?

□ Yes

m No

If yes, how much?

If yes, state the person’s name, address, and telephone number:

12. Provide any other information that will help explain why you cannot pay the costs of this case.

I am incarcerated iru.a Federal Prison

- 1 have no income

I declare under penalty of perjury that the foregoing is true and correct.

Executed on:

if / 'kt?

(Signature)

and terms and conditions of the Matthew Bender Master Agreement.

rage i 01j

is®

pipiii

;

Inmate Inquiry

40433013

Current Institution:

Inmate Name:

WINBERG, DONALD

Housing Unit:

SHE-E-G

Report Date:

Report Time:

General Information

02/12/2019

3:01:24 PM

Account Balances

Living Quarters:

E07-005U

Inmate Reg ft:

Commissars' History

Sheridan FCI

Commissary Restrictions

Comments

General Information

Administrative Hold Indicator:

No Power of Attorney:

Never Waive NSF Fee:

Max Allowed Deduction %:

100

PIN:

0926

PAC#:

Revalidation Date:

FRP Participation Status:

Arrived From:

982822716

10th

ExemptTmp

OKL

Transferred To:

Account Creation Date:

2/6/2015

Local Account Activation Date:

7/14/2018 3:12:30 AM

Sort Codes:

Last Account Update:

___

2/9/2019 5:52:29 PM

Account Status:

Active

Phone Balance:

$0.00

Pre-Release Plan Information

Target Pre-Release Account Balance:

Pre-Release Deduction %:

Income Categories to Deduct Frotn:

$0.00

0 Payroll _

0 Outside Source Funds

FRP Plan Information

Expected Amount

FRP Plan Type

Expected Rate

Account Balances

Account Balance:

$0.50

Pre-Release Balance:

$0.00

Debt Encumbrance:

$0.00

SPO Encumbrance:

$0.00

Other Encumbrances:

$0.00

Outstanding Negotiable Instruments:

$0.00

https://10.33.12.106/truweb/InmateInquiryCombined.aspx

2/12/2019

rage z uij

Administrative Hold Balance:

$0.00

Available Balance:

$0.50

National 6 Months Deposits:

$82.90

National 6 Months Withdrawals:

$84.00

Available Funds to be considered for EFRP Payments:

($367.10)

National 6 Months Avg Daily Balance:

$1.11

Local Max. Balance - Prev. 30 Days:

$19.50

Average Balance - Prev. 30 Days:

$0.88

Commissary History

Purchases

Validation Period Purchases: $0.00

YTD Purchases: $0.00

Last Sales Date: No Comm Sales

SPO Information

SPO's this Month: 0

SPO $ this Quarter: $0.00

Spending Limit Info

Spending Limit Override: No

Weekly Revalidation: No

Bi-Weekly Revalidation: Yes

Spending Limit: $180.00

Expended Spending Limit: $0.00

Remaining Spending Limit: $180.00

Commissary Restrictions

Spending Limit Restrictions

Restricted Spending Limit: $0.00

Restricted Expended Amount: $0.00

Restricted Remaining Spending Limit: $0.00

Restriction Start Date: N/A

Restriction End Date: N/A

Item Restrictions

List Name

List Type

Start Date

End Date

Active

(

https://l 0.33.12.106/truweb/InmateInquiryCombined.aspx

2/12/2019

-68 8

case nb.v*

IN THE SUPREME COURT OF THE

UNITED STATES

a«

' ■■ ,^r

r r\ r a ■;

Supreme Court, U.S.

FILED

NOV 2 0 2019

OFFICE OF THE CLERK

KARLIEN RICHEL WINBERG

petitioner

vs.

UNITED STATES GOVERNMENT'

respondent

MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS

The PRO SE, petitioner KARLIEN RICHEL WINBERG, asks leave

to file the attached petition for a writ of certioari without

prepayment of costs to proceed in forma pauperis.

Petitioner has previously been granted leave to proceed in

forma pauperis in the United States District Court and Appeals

Court for the Tenth Circuit of Colorado.

Petitioners affidavit in support of this motion is attached

hereto.

Date*

KARLIEN RICHEL WINBERG

AFFIDAVIT OR DECLARATION

IN SUPPORT OF MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS

KARLIEN RICHEL

I, Winberg

, am the petitioner in the above-entitled case. In support of

my motion to proceed in forma pauperis, I state that because of my poverty I am unable to pay

the costs of this case or to give security therefor; and I believe I am entitled to redress.

1. 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.

Income source

Average monthly amount during

the past 12 months

Amount expected

next month

You

Spouse

You

Spouse

Employment

$___ 0

$__0

$_o

$__ 0

Self-employment

$___ 0

$___0

$__ 0

Income from real property

(such as rental income)

$___ 0

$__ Q.

$__ 0

S__ Q

Interest and dividends

$__ 0

$__0

$__ 0

Gifts

$___ 0

$__ 0

$_o

$___0

Alimony

$___ 0

$___0

$__ 0

$___0

Child Support

$___ 0

$___0

s_0

$__ 0

Retirement (such as social

security, pensions,

annuities, insurance)

$___ 0

$__ 0

$___ 0

Disability (such as social

security, insurance payments)

$__0

$__ 0

$__0

Unemployment payments

$__ o

$___0

s_o

$__g

Public-assistance

(such as welfare)

S,__ 0

$__o

$_o

$__o.

Other (specify): none

$__ g

$_o

$__o

$___ g

$_g

$__g

Total monthly income.

and terms and conditions of the Matthew Bender Master Agreement.

2. List your employment history for the past two years, most recent first (Gross monthly pay

is before taxes or other deductions.)

Employer

Address

none

none-

none

Dates of

Employment

Gross monthly pay

none

3. List your spouse’s employment history for the past two years, most recent employer first

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

Employer

Address

none

Dates of

Employment

none

Gross monthly pay

none

4. How much cash do you and your spouse have? $

0_____________________

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

institution.

Financial institution

none

Type of account

none

Amount you have

none

Amount your spouse has

none

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

and ordinary household furnishings.

□ Home

Value

□ Other real estate

none

Value

none

□ Motor Vehicle #1

Year, make & model

Value

□ Other assets

Description _

Value___ Q_

none

□ Motor Vehicle #2

Year, make & model

Value

0______

none

and tenns and conditions of the Matthew Bender Master Agreement.

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

amount owed.

Amount owed to you

Amount owed to your spouse

none

$___ 0

none

$___ 0

$__ .0

none

$__ o

$___ 0

Person owing you or

your spouse money

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

Relationship

Name

none

Age

8, Estimate the average monthly expenses of you and your family. Show separately the amounts

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

annually to show the monthly rate.

Your spouse

You

Rent or home-mortgage payment

(include lot rented for mobile home)

Are real estate taxes included? □ Yes 3 No

Is property insurance included? □ Yes 3 No

Utilities (electricity, heating fuel,

water, sewer, and telephone)

$___ 0

Home maintenance (repairs and upkeep)

%___ 0

$__ 0

Food

$__ o

$_a

Clothing

$___ 0

$__0

Laundry and dry-cleaning

$___ 0

$__0

Medical and dental expenses

$__ o

$__2.

and terms and conditions of the Matthew Bender Master Agreement.

You

Your spouse

Transportation (not including motor vehicle payments)

$___0

Recreation, entertainment, newspapers, magazines, etc.

$___0

$__0

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

Homeowner’s or renter’s

$__ 0

$___0

Life

S__ 0

$___0

Health

$_0

Motor Vehicle

$_0

Other

none

$__o

$__2.

$__o

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

$__0

Motor Vehicle

Credit card(s)

$___0

$___o

Department store(s)

$___0

(specify):

none

Installment payments

Other:

none

„

$___ 0

Alimony, maintenance, and support paid to others

$___0

Regular expenses for operation of business, profession,

or- farm (attach detailed statement)

•

$___0

Other (specify):

none

$___0

Total monthly expenses:

$___0

$_o

and terms and conditions of the Matthew Bender Master Agreement.

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

liabilities during the next 12 months?

□ Yes

If yes, describe on an attached sheet.

■t

10. Have you paid - or will you be paying - an attorney any money for services in connection

with this case, including the completion of this form? □ Yes K3 No

If yes, how much?______________ ^_______

If yes, state the attorney’s name, address, and telephone number

11. Have you paid—or will you be paying—anyone other than an attorney (such as a paralegal or

a typist) any money for services in connection with this case, including the completion of this

form?

□ Yes

m No

If yes, how much?

If yes, state the person's name, address, and telephone number:

12. Provide any other information that will help explain why you cannot pay the costs of this case.

I am incarcerated inua Federal Prison

1 have no income

I declare under penalty of perjury that the foregoing is true and correct.

Executed on:

'1/1a

20j£

(Signature)

and terms and conditions of the Matthew Bender Master Agreement.

Inmate Inquiry

Inmate Reg #:

40434013

Current Institution:

Bryan FPC

Inmate Name:

WINBERG, KARLIEN

Housing Unit:

BRY-D-A

Report Date:

01/09/2019

Living Quarters:

D02-711U

Report Time:

General Information

12:17:37 PM

Account Balances

Commissary History

Commissary Restrictions

«MI

Comments

General Information

Administrative Hold Indicator:

No Power of Attorney:

Never Waive NSF Fee:

Max Allowed Deduction %:

100

PIN:

6809

PAC #:

Revalidation Date:

FRP Participation Status:

Arrived From:

569792986

13th

Participating

OKL

Transferred To:

Account Creation Date:

Local Account Activation Date:

Sort Codes:

Last Account Update:

2/6/2015

11/16/2017 3:12:55 AM

’___

1/8/2019 1:09:42 PM

Account Status:

Active

Phone Balance:

$6:17

Pre-Release Plan Information

Target Pre-Release Account Balance:

Pre-Release Deduction %:

Income Categories to Deduct From:

$1.00

j\/j Payroll

j«71 Outside Source Funds

FRP Plan Information

FRP Plan Type

Quarterly

Expected Amount

$25.00

Expected Rate

Account Balances

Account Balance:

$5.92

Pre-Release Balance:

$0.00

Debt Encumbrance:

$0.00

SPO Encumbrance:

$0.00

Other Encumbrances:

$0.00

https://10.33.72.106/truweb/InmateInquiryCombined.aspx

1/9/2019

Outstanding Negotiable Instruments:

$0.00

Administrative Hold Balance:

$0.00

Available Balance:

$5.92

National 6 Months Deposits:

$298.86

National 6 Months Withdrawals:

$301.05

Available Funds to be considered for IFRP Payments:

($201.14)

National 6 Months Avg Daily Balance:

$14.98

Local Max. Balance - Prev. 30 Days:

$24.67

Average Balance - Prev. 30 Days:

$13.14

Commissary History

Purchases

Validation Period Purchases: $37.05

YTD Purchases: $92.25

Last Sales Date: 1/8/2019 1:09:42 PM

SPO Information

SPO's this Month: 0

SPO $ this Quarter: $0.00

Spending Limit Info

Spending Limit Override: No

Weekly Revalidation: No

Bi-Weekly Revalidation: No

Spending Limit: $410.00

Expended Spending Limit: $24.55

Remaining Spending Limit: $385.45

Commissary Restrictions

Spending Limit Restrictions

Restricted Spending Limit: $0.00

Restricted Expended Amount: $0.00

Restricted Remaining Spending Limit: $0.00

Restriction Start Date: N/A

Restriction End Date: N/A

Item Restrictions

List Name

List Type

Start Date

End Date

Active

https://l 0.33.72.106/traweb/InmateInquiryCombined.aspx

1/9/2019

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.