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Kevin M. Cardwell v. Office of the Indiana Attorney General, et al.

IFP petition · Court of Appeals of Indiana, No. 26A-CT-274 · judgment May 19, 2026


Pending

Question presented

i. Whether a state procedural dismissal is an adequate ground to foreclose review of a preserved federal due-process claim when the state appellate court dismissed a civil appeal with prejudice after the petitioner had mailed corrected briefing and a motion for leave to file belatedly before dismissal, the papers were delayed in the United States mail, and the state courts made no finding of bad faith, abandonment, or prejudice to the opposing parties. z. Whether the Fourteenth Amendment permits a State, after expressly allowing an indigent pro se litigant's appeal to continue on specified Rule 60(B) issues, to terminate that appeal with prejudice for curable filing defects without considering a correction already in transit before dismissal, where the litigant continuously sought to comply and preserve merits review.

Counsel of record

For petitioner
Kevin M. Cardwell

For respondent
James Allen Barta
Office of the Indiana Attorney General

Case

Conference history
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Proceedings

  1. Oct 13 2026
    Waiver of right of respondent Office of the Indiana Attorney General, et al. to respond filed.
  2. Sep 22 2026
    Waiver of right of respondent Carol Sheridan, M. D. to respond filed.
  3. Sep 18 2026
    Waiver of right of respondent Keith Michaels to respond filed.
  4. Sep 12 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 19, 2026)