No. 18-7191

Scott Richard Pendergraft, et ux. v. Network of Neighbors, Inc.

Lower Court: Fifth Circuit
Docketed: 2018-12-28
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appellate-review civil-procedure civil-rights due-process fair-hearing fourteenth-amendment judicial-procedure meaningful-opportunity-to-be-heard pro-se pro-se-litigant procedural-due-process procedural-fairness standing substantive-due-process
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2019-05-09 (distributed 2 times)
Question Presented (AI Summary)

Whether a pro se litigant's procedural or substantive due process rights are violated when trial and appellate courts willfully refuse to fully and fairly hear or review a case, resulting in erroneous factual findings and an unjust result

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Guide to Judiciary Policy, Chapter 2, Code of Conduct for United States Judges, Canon 3, prescribes standards for adjudicative responsibilities, which include that judges should be patient, dignified, respectful, and courteous to litigants and should accord to every person who has a legal interest in a proceeding the full right to be heard fairly in accordance with the law. The right to be fully and fairly heard is protected by the Fourteenth Amendment’s Due Process Clause. The questions presented in this petition are: (1) Whether a pro se litigant’s procedural or substantive due process rights are violated when trial and appellate courts willfully refuse to fully and fairly hear or review a case, resulting in erroneous factual findings and an unjust result; and (2) Whether a meaningful opportunity to be heard is itself a protected interest for a pro se civil litigant, regardless of whether there are protected liberty or property interests attached to the underlying cause of action or defense. i

Docket Entries

2019-05-13
Rehearing DENIED.
2019-04-17
DISTRIBUTED for Conference of 5/9/2019.
2019-03-16
Petition for Rehearing filed.
2019-02-19
Petition DENIED.
2019-01-10
DISTRIBUTED for Conference of 2/15/2019.
2019-01-03
Waiver of right of respondent Network of Neighbors, Inc. to respond filed.
2018-12-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 28, 2019)
2018-10-31
Application (18A453) granted by Justice Alito extending the time to file until December 21, 2018.
2018-10-25
Application (18A453) to extend the time to file a petition for a writ of certiorari from November 6, 2018 to December 21, 2018, submitted to Justice Alito.

Attorneys

Network of Neighbors, Inc.
John Bruster LoydJones, Gillaspia & Loyd LLP, Respondent
John Bruster LoydJones, Gillaspia & Loyd LLP, Respondent
Scott Pendergraft, et al.
Scott R. Pendergraft — Petitioner
Scott R. Pendergraft — Petitioner