No. 18-5448

Ellen Elizabeth Packenham Stanley v. Nancy A. Berryhill, Acting Commissioner of Social Security

Lower Court: Eighth Circuit
Docketed: 2018-08-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 42-usc-405(h) administrative-law civil-procedure civil-rights due-process jurisdiction pro-se pro-se-appellant social-security-administration standing stare-decisis tort tort-claim venue venue-jurisdiction
Key Terms:
SocialSecurity HabeasCorpus
Latest Conference: 2018-10-05
Question Presented (AI Summary)

Whether the U.S. Federal District Court of Minnesota is the appropriate venue and jurisdiction to present an appeal for a tort suit against the Social Security Administration (SSA) when submitted on Standard Form 95

Question Presented (from Petition)

QUESTION(S) PRESENTED 1) Is the U.S. Federal District Court of Minnesota the appropriate venue and jurisdiction to present an Appeal for a suit Sounding in Tort against the Social Security Administration (SSA) when correctly submitted on Standard Form 95, Prescribed by the Department of Justice (Form No. NSN 7540-00-634-4046). 2) Do the words “arising under” as applied to benefit claims under U.S. Code, Title 42, Chapter 7, Subchapter II § 405(h) by previous courts also apply to the _ law when said claim is presented as a separate suit for tortfeasance. 3) Does the precedence of common law (stare decisis) set for Corporate Appellants regarding timeliness also apply to Pro-Se Appellants.

Docket Entries

2018-10-09
Petition DENIED.
2018-09-13
DISTRIBUTED for Conference of 10/5/2018.
2018-09-05
Waiver of right of respondent Nancy A. Berryhill, Deputy Commissioner for Operations, Social Security Administration to respond filed.
2018-07-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 5, 2018)

Attorneys

Ellen E. Packenham Stanley
Ellen E. Packenham Stanley — Petitioner
Ellen E. Packenham Stanley — Petitioner
Nancy A. Berryhill, Deputy Commissioner for Operations, Social Security Administration
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent