James Seaman v. Westfield Medical Center, L.P., et al.
DueProcess
WHETHER THE FAILURE TO SERVE A PLEADING UPON PRO-SE LITIGANTS WARRANTED A FAVORABLE RULING UNDER FED.R.CIV.P 60 AND REMOVAL OF A DISMISSAL OF AN ACTION GIVEN THE VIOLATIONS OF THE NOTICE REQUIREMENTS TO MEET DUE PROCESS AND PUBLIC POLICY?
QUESTION(S) PRESENTED I, James Seaman, Pro Se ; request this Petition for Writ of Certiorari to be Granted given the salient issues, the constitutional matter of proper notice and service of a pleading, and the impact upon public policy of a party’s failure to deviate from the notice requirements of the rules of procedure. An impermissible burden of proof was placed upon Pro Se to meet that since notice was not tendered, Withdrawal of Appearance wasn’t presentedto Pro Se and Withdrawal Granted, and Dismissal was not subsequently warranted. Given the lack of service of an essential pleading, the Petitioner requests to have the dismissal vacated under Fed.R.Civ.P. (60)B should have been granted under the rules of procedure and the constitutional issues. Pro Se parties must be afforded the same protections mandated by the rules and the constitution. ; WHETHER THE FAILURE TO SERVE A PLEADING UPON PRO-SE LITIGANTS WARRANTED A FAVORABLE RULING UNDER FED.R.CIV.P 60 AND REMOVAL OF A DISMISSAL OF AN ACTION GIVEN THE VIOLATIONS OF THE NOTICE REQUIREMENTS TO MEET DUE PROCESS AND PUBLIC POLICY?