Supreme Court of the United States · Official docket →
Samuel San Miguel v. Greg Abbott, Governor of Texas, et al.
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 22-50413 · judgment August 8, 2023
Questions presented
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If Texas declares... that the Act which they confined Petitioner under (after he completed his prison sentence) is "civil," but it is actually "criminal," and if... the Supreme Court has clearly established. "A court will reject the legislature’s manifest intent only where a party challenging the Act provides the clearest proof that the statutory scheme is so punitive in either purpose or effect as to negate the State’s intention.” Did the District Court unfairly deny Petitioner an opportunity to provide the "clearest proof’ by not considering any of the proof presented and dismissing his complaint as a “facial” challenge, and the Fifth Circuit affirmed?, and if not...
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Is there a proper way (and did petitioner present it here), to bring anything other than a “facial” challenge to the Act, and actually review the objective proof of the purpose and effect of the act to determine whether it is “Civil or “Criminal”?
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Did the Appeals Court overlook an abuse of discretion by affirming the District Court’s denial of Petitioner’s request for a single opportunity to amend his complaint via a Rule 59(e) motion, as argued in his Appeal Brief, and should Plaintiff be given at least one opportunity to amend his complaint prior to dismissal with prejudice, in this case? Please, just one honest look please. Petitioner does not deserve nor seekfavor from the Court -nor could he, would he, or is he- implying leniency for any sex offences committed Just please let the law prevail.
Counsel of record
For petitioner
Samuel San Miguel
For respondent
Amber Pickett
Lewis Brisbois Bisgaard & Smith LLP
Proceedings
- Oct 06 2025Petition DENIED.
- Sep 16 2025Waiver of right of respondents Wellpath Recovery Solutions and Management & Training Corporation to respond filed.
- Sep 08 2025Waiver of right of respondent Greg Abbott Governor of Texas to respond filed.
- Sep 04 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 24 2025Application (23A1114) granted by Justice Alito further extending the time to file until August 17, 2024.
- Aug 14 2024Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 25, 2025)
- Jul 26 2024Application (23A1114) to extend further the time from July 29, 2024 to August 17, 2024, submitted to Justice Alito.
- Jun 18 2024Application (23A1114) granted by Justice Alito extending the time to file until July 29, 2024.
- May 28 2024Application (23A1114) to extend the time to file a petition for a writ of certiorari from June 18, 2024 to July 29, 2024, submitted to Justice Alito.