Petition for Writ of Certiorari — James Hamilton, Petitioner v. United States

Supreme Court briefAug 19, 2023

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In The

Supreme

Court of the United States

FILED

AUG 19 2023

juHSgailgfly

James Hamilton

Petitioner,

vs.

UNITED STATES OF AMERICA,

Respondent.

ON PETITIONER FOR WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

MOTION FOR LEAVE TO PROCEED

IN FORMA PAUPERIS

COMES NOW PETITIONER, James Hamilton and respectfully moves this Honorable

Court for leave to proceed in forma pauperis, in accordance with the provisions

of Title 28, United States Code, Section 1915, and Rule 39 of the Rules of his

Court.

The affidavit of James Hamilton in support of this motion is attached

hereto. James Hamilton did seek leave to proceed in forma pauperis in the court

below.

Presented herewith is James Hamilton petition for writ of certiorari in the

Court of Appeals for the Fifth Circuit.

Done this 16th, day of January 2024.

James Hamilton

49588-044

FCC

Coleman Medium

P.0. Box 1032

Coleman, FL

33521

-v

No:

James Hamilton

Petitioner,

vs.

UNITED STATES OF AMERICA,

Respondent.,

ON PETITION FOR WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

AFFIDAVIT IN SUPPORT OF

MOTION FOR LEAVE TO PROCEED

IN FORMA PAUPERIS

I, James Hamilton being first duly sworn according to law, depose and say

that I am the Petitioner in the above-entitled cause, and in support of my

application for leave to proceed without being required I prepay costs or fees,

state (A) because of my poverty I am unable to pay the cost of the

cause; (B) I

am unable to give security for the same; (C) I believe that I am entitled to

the redress I seek in the cause; (D) this review is sought in good faith; (E)

the nature of the cause is briefly stated as a Petition for Writ of Certiorari

to the United States Court of Appeals for the Fifth Circuit; (F) the petition

raises substantial questions of

constitutional law, as set forth more fully in

my Petition filed herewith.

I further swear that the responses which I have made to the questions

and

instructions below relating to my ability to pay the costs of

prosecuting the

appeal are true.

1) I am presently unemployed.

2) I have not received within the last 12 months any income from a

business, profession of other for o self-employment, in the form of

rent payments, interest, dividend, or other source.

3) I do not own cash or a checking or savings account.

4) I do not own any real estate, stocks, bonds, notes, automobiles, or

other valuable property.

5) I have no persons dependent on me for support.

6) I have read the foregoing and state that it is true and

correct.

Done this 16th, day of January 2024.

James Hamilton

49588-044

FCC Coleman Medium

P.0. Box 1032

Coleman, FL 33521

;

AFFIDAVIT OR DECLARATION

IN SUPPORT OF MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS

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

my motion to pi'oceed 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.

Average monthly amount during

the past 12 months

Income source

Amount expected

next month

You

Spouse

You

Spouse

Employment

$___ 0

N/A

$___ 0

N/A

Self-employment

$__ g

$_K/A

$___ 0

N/A

Income from real property

(such as rental income)

$___g

N/A

Interest and dividends

$___g

N/A

$___g

N/A

Gifts

N/A

$___g

N/A

Alimony

$___o

N/A

$__o

N/A

Child Support

$___g

N/A

$___g

N/A

Retirement (such as social

security, pensions,

annuities, insurance)

$___g

N/A

$__ _g

N/A

$___g

Disability (such as social

security, insurance payments)

N/A

$___g

N/A

Unemployment payments

$___g

N/A

$___g

N/A

Public-assistance

(such as welfare)

$___g

N/A

$___g

N/A

$___ g

N/A

$___ g

N/A

ft.

N/A

$___ g

N/A

Other (specify):

N/A

Total monthly income:

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

amount owed.

Amount owed to your spouse

Amount owed to you

Person owing you or

your spouse money

N/A

7. State the persons who rely on you or your spouse for support. For minor children, list initials

instead of names (e.g. “J.S.” instead of “John Smith”).

Age

Relationship

Name

N/A

8. Estimate the average monthly expenses of you and your family. Show separate!}' 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 □ No

Is property insurance included? □ Yes □ No

N/A

Utilities (electricity, heating fuel,

water, sewer, and telephone)

N/A

Home maintenance (repairs and upkeep)

N/A

Food

Clothing

N/A

Laundry and dry-cleaning

N/A

Medical and dental expenses

N/A

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

Q3 No

If yes, describe on an attached sheet.

N/A

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 H NoIf yes, how much?

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

N/A

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

□ Yes

63 No

If yes, how much?

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

N/A

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

Currently Incarcerated in an F.B.O.P. Institution. I do not even have a

prison job.

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

Executed on:

,202.4

(Signature

HCBSS

Inmate Inquiry

Inmate Hey #:

49588044

Current Institution:

Coleman FCC

Inmate Name:

HAMILTON, JAMES

12/19/2023

2:05:09 PM

Account Balances

Housing Unit:

Living Quarters:

COM-A-B

Report Bate:

Report Time:

General Information

Commissary History

General Information

Administrative Hold Indicator:

No Power ofAttorney:

Never Waive NSF Fee:

Max Allowed Deduction %:

100

PIN:

6954

PAC#:

Revalidation Date:

FRP Participation Status:

Arrived From:

185294760

25th

Completed

LVN

Transferred To:

Account Creation Date:

1/14/2020

Local Account Activation Date:

11/19/2021 4:17:15 AM

Sort Codes:

Last Account Update:

12/18/2023 12:11:52AM

Account Status:

Active

Phone Balance:

$0.00

Pre-Release Plan Information

Target Pre-Release Account Balance:

Pre-Release Deduction %:

Income Categories to Deduct From:

$809.73

Payroll

FRP Plan Information

FRP Plan Type

Expected Amount

Expected Rate

Account Balances

Account Balance:

$0.49

Pre-Release Balance:

$0.00

Debt Encumbrance:

$0.00

SPO Encumbrance:

$0.00

Other Encumbrances:

$0.00

Outstanding Negotiable Instruments:

$0.00

Administrative Hold Balance:

$0.00

Available Balance:

$0.49

National 6 Months Deposits:

$1,998.00

Outside Source Funds

ill !**■! I ■H/. I

A03-067L

Commissary Restrictions

Comments

Deposits

Inmate Keg#:

49588044

Current institution:

Coleman FCC

Inmate Name:

Report Date:

Report Time:

HAMILTON, JAMES

12/19/2023

Housing Unit:

Using Quarters:

OOM-A-I3

A03-067L

Amount Ref#

$75.00 33323344

$35.00 33323344

$25.00 33423340

$43.00 33323321

$80.00 33323312

$75.00 33323306

$150.00 33323281

$40.00 33323280

$110.00 33323274

$75.00 33323272

$150.00 33323258

$75.00 33323249

$200.00 33323249

$110.00 33323248

$75.00 33323237

$90.00 33323226

$65.00 33323226

$100.00 33323206

$75.00 33323198

$65.00 33323198

$65.00 33323195

$100.00 33323190

$30.00 33323189

$90.00 33323175

$100.00 33323167

$75.00 33323156

$60.00 33323155

$750.00 33423127

$43.00 33323125

$31.00 YIPP0423

$75.00 33323121

$100.00 33323117

$100.00 33423114

$75.00 33423105

$50.00 33423100

$31.00 YIPP0323

$50.00 33323093

$70.00 33323086

Sender Last Name Sender Zip

HAMILTON

63851

HAMILTON

63901

ANDERSON

71105

HAMILTON

46250

HAMILTON

63851

HAMILTONJR

75206

HAMILTON

48342

HAMILTON

-63901

MARTIN

33319

HAMILTON

63851

HAMILTON

63901

HAMILTON

63851

SANDERS

44103

MONROE

33313

HAMILTON

63901

stancel

33805

HAMILTON

63901

HAMILTON

63901

HAMILTON.

63851

HAMILTON

63901

HAMILTON

63901

ANDERSON

71105

00773

PEREZCIRILO

HAMILTON

65201

63901

HAMILTON

63851

HAMILTON

65201

HAMILTON

65201

46250

HAMILTON

Date/Time

12/10/2023 8:08:46 PM

. 12/10/2023 7:08:15 AM

12/6/2023 8:06:54 PM

11/17/2023 7:07:37 PM

11/8/2023 1:19:33 PM

11/2/2023 12:08:17 PM

10/8/2023 1:07:10 PM

10/7/2023 6:07:17 PM

10/1/2023 10:10:20 PM

9/29/2023 11:08:18 AM

9/15/2023 2:07:44 PM

9/6/2023 7:08:28 PM

9/6/2023 7:12:40 AM

'9/5/2023 9:09:08 PM

8/25/2023 12:07:27 PM

8/14/2023 7:12:30 AM

8/14/2023 7:12:28 AM

7/25/2023 12:07:54 PM

7/17/2023 9:07:22 AM

7/17/2023 7:13:06 AM

7/14/2023 7:09:03 AM

, 7/9/2023 7:08:03 PM

7/8/2023 5:07:18 PM

6/24/2023 9:20:04 PM

6/16/2023 7:07:44 PM

■ 6/5/2023 6:09:00 PM

6/4/2023 4:08:15 PM

5/7/2023 3:06:56 PM

5/5/2023 3:08:05 PM

5/5/2023 10:26:26 AM

5/1/2023 12:09:00 PM

4/27/2023 9:07:18 PM

4/24/2023 7:07:48 AM

4/15/2023 7:06:48 PM

4/10/2023 9:07:10 PM

4/7/2023 10:08:18AM

.4/3/2023 8:09:41 PM

3/27/2023 6:07:31 PM

2:05:15 PM

Transaction Type

Western Union

Money Gram

Western Union

Money Gram

Western Union

Payroll * IPP

Western Union

Money Gram

Payroll - IPP

Western Union

HAMILTON

CHRISTIAN

HAMILTON

65201

HAMILTON

OFFICER

65201

63901

65201

63851

63901

National 6 Months Withdrawals:

$2,078.95

Available Funds to be considered for IFRP Payments:

$ 1,548.00

National 6 Months Avg Daily Balance:

$52.01

Local Max. Balance - Prev. 30 Days:

$ 111.09

Average Balance - Prev. 30 Days:

$8.75

Commissary History

Purchases

Validation Period Purchases: $125.50

YTD Purchases: $632.30

Last Sales Date: 12/11/2023 2:22:37 PM

SPO Information

SPO's this Month: 0

SPO $ this Quarter: $0.00

Spending Limit Info

Spending Limit Override: No

Weekly Revalidation: Yes

Bi-Weekly Revalidation: No

Spending Limit: $90.00

Expended Spending Limit: $0.00

Remaining Spending Limit: $90.00

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

Comments

Comments:

List T^pe

Start Date

End Date

Active

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.