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
Key Terms:
SocialSecurity DueProcess Securities Privacy Jurisdiction
Latest Conference: 2019-02-15
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

Questions Presented 1. May a district court dismiss a case with prejudice that has not begun? 2. Should a delay of many years between the dismissal of a case anda Fed.R.Civ.P. 60(b)(4) Motion to set aside the dismissal effect its review? 3. Does a party consent to a court’s exercising personal jurisdiction over a case with parties that are not later served? 4, Can a court lack personal jurisdiction over all defendants in a case and still exercise jurisdiction over the case? _ 5. 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? 6. 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? 7. May acourt dismiss a case with prejudice for lack of subject matter jurisdiction? 8. May a court decide other issues #@@se if it lacked subject matter jurisdiction? 9. Did the Court improperly dismiss for lack of subject matter jurisdiction? 10. Was the District Court’s dismissal a final, appealable order? . 11.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)? 2

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