Supreme Court of the United States · Official docket →
Raymond E. Lumsden v. Paul Johnson, District Attorney of Denton County, Texas
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 25-40623 · judgment March 11, 2026
Questions presented
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When an inmate pursues a state post-conviction DNA Testing through the State-Provided litigation process, and then under § 1983 for denial of access to the requested evidence under Due Process, does Rule 12(b)(6) prohibit it as a failure to state a claim updnrwhich relief can be granted, since denying access to the requested evidence fiorsDNA Testing is an injury in fact?
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Did the Fifth Circuit Court 0f- Appeals violate clearly established Supreme Court Precedent(s) in dismissing petitioner's appeal as frivolous, denying IFP, and issuing a strike under 28 U.S.C. § 1915(g)?
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Did the Fifth Circuit Court Of Appeals afford petitioner liberal construal of his pro se filed brief on appeal in attempting to identify the error's in the district courtis analysis, and should it have appointed counsel or asked petitioner to amend prior to dismissing it as frivolous and a strike?/
Counsel of record
For petitioner
Raymond E. Lumsden
For respondent
Lara Marie Tomlin
Denton County Criminal District Attorney's Office
Case
Conference history
Distributed for 1 conference
Proceedings
- Aug 27 2026DISTRIBUTED for Conference of 9/28/2026.
- Aug 11 2026Waiver of right of respondent Paul Johnson, Attorney of Denton County, Texas to respond filed.
- Apr 02 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 12, 2026)