No. 18-1004

James Seaman v. Westfield Medical Center, L.P., et al.

Lower Court: Pennsylvania
Docketed: 2019-02-01
Status: Denied
Type: Paid
Tags: civil-procedure dismissal due-process federal-rules-civil-procedure notice notice-requirement pro-se pro-se-litigant public-policy rules-of-procedure service-of-pleading
Key Terms:
DueProcess
Latest Conference: 2019-04-12
Question Presented (AI Summary)

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 Presented (OCR Extract)

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?

Docket Entries

2019-04-15
Petition DENIED.
2019-03-20
DISTRIBUTED for Conference of 4/12/2019.
2018-11-15
Petition for a writ of certiorari filed. (Response due March 4, 2019)
2018-09-21
Application (18A302) granted by Justice Alito extending the time to file until November 15, 2018.
2018-09-17
Application (18A302) to extend the time to file a petition for a writ of certiorari from September 16, 2018 to November 15, 2018, submitted to Justice Alito.

Attorneys

James Seaman
James Seaman — Petitioner
James Seaman — Petitioner