Supreme Court Report

Supreme Court of the United States · Official docket →

Elhadj Alpha Mahmoud Souare v. City of Akron, Ohio, et al.

IFP petition · United States Court of Appeals for the Sixth Circuit, No. 26-3327 · judgment June 5, 2026


Pending

Questions presented

  1. Whether a court of appeals may dismiss an appeal for want of prosecution under a local procedural rule when the district court has certified under 28 U.S.C. § 1915(a)(3) that the appeal is not taken in good faith, without first addressing the statutory certification and affording the appellant the procedural protections this Court mandated in Johnson v. United States, 352 U.S. 565 (1957) .

  2. Whether the 14-day reconsideration period for a clerk's dismissal order under Sixth Circuit Rule 45(c) commences upon the clerk's issuance of the order or upon the appellant's actual receipt of notice, when the district court docket reflects no formal service of the order on the appellant and the appellant never received the order from the court of appeals.

  3. Whether a district court's "without prejudice" dismissal that provides a 30-day reopening window, coupled with a simultaneous appellate process that forecloses that window before the appellant can comply, violates due process by rendering the reopening provision illusory and trapping the appellant in an impossible procedural maze.

Counsel of record

For petitioner
Elhadj Alpha Mahmoud Souare

For respondent
—

Case

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
—

Proceedings

  1. Aug 05 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 14, 2026)