No. 18-7011

John S. Myzer v. George W. Bush, et al.

Lower Court: Tenth Circuit
Docketed: 2018-12-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: case-dismissal civil-procedure due-process federal-rules-civil-procedure final-order personal-jurisdiction prejudice-standard service-of-process standing subject-matter-jurisdiction
Latest Conference: 2019-02-15
Question Presented (from Petition)

May a district court dismiss a case with prejudice that has not begun?

Should a delay of many years between the dismissal of a case and a Fed.R.Civ.P. 60(b)(4) Motion to set aside the dismissal effect its review?

Does a party consent to a court's exercising personal jurisdiction over a case with parties that are not later served?

Can a court lack personal jurisdiction over all defendants in a case and still exercise jurisdiction over the case?

May a court deny a plaintiff access to service of process through law enforcement because he paid the filing fee in a case alleging fraud as to the name and address of the defendants?

Was the District Court's dismissal with prejudice on the pleadings, pursuant to Fed.R.Civ.P. 8, 12(b)(6), and 41(b), a denial of due process under the facts?

May a court dismiss a case with prejudice for lack of subject matter jurisdiction?

Maya court decide other issues jVxw if it lacked subject matter jurisdiction?

Did the Court improperly dismiss for lack of subject matter jurisdiction?

Was the District Court's dismissal a final, appealable order?

Did the lower courts deny the plaintiff due process when they failed to order a hearing to determine the Plaintiffs mental capacity, pursuant to Fed.R.Civ.P. 60(b)(6)?

Question Presented (AI Summary)

May a district court dismiss a case with prejudice that has not begun?

Docket Entries

2019-02-19
Petition DENIED.
2019-01-17
DISTRIBUTED for Conference of 2/15/2019.
2019-01-14
Waiver of right of respondent UNITED STATES to respond filed.
2018-12-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 14, 2019)

Attorneys

John S. Myzer
John S. Myzer — Petitioner
UNITED STATES
Noel J. FranciscoSolicitor General, Respondent