No. 18-7705

Duane Yates v. Iowa

Lower Court: Iowa
Docketed: 2019-01-31
Status: Dismissed
Type: IFP
Response WaivedIFP
Tags: civil-procedure dismissal due-process fourteenth-amendment mullane-precedent notice postconviction-action service service-of-process standing state-citizens
Key Terms:
DueProcess Privacy
Latest Conference: 2019-03-15
Question Presented (AI Summary)

Whether the Iowa Supreme Court has failed to properly apply the Iowa Rules of Civil Procedure

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Whether the lowa Supreme Court has failed to properly apply the lowa Rules of Civil Procedure through the Fourteenth Amendment on Due Process of Law as it applies to state citizens when it denied Duane Yates to have his postconviction action heard after an unlawful dismissal was done by the district ‘ court in violation of lowa Rule of Civil Procedure 1.944 and it’s subsection which applies the Rule 1.442? 2. Whether the lowa District Court erred in dismissing a civil postconviction action when the clerk of court used a computer generated dismissal notice with no service upon the parties of record as required by lowa Rule of Civil Procedure 1.442(2) and the United States Supreme Court precedent in Mullane v. Central Hanover Bank & Trust 339 U.S. 306, 70 S.Ct. 652 (1950)to dismiss the case when the computer generated notice and the entire docket schedule for the case does not show any service upon the parties? 3. Whether the Woodbury County Clerk of Court failed to perfect service when the clerk failed to follow lowa Rule of Civil Procedure 1.442(7) by not affixing a certificate of service and then allowing the case to be dismissed as there was no notice of service had upon the parties of record? 1

Docket Entries

2019-03-18
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2019-02-28
DISTRIBUTED for Conference of 3/15/2019.
2019-02-11
Waiver of right of respondent Iowa to respond filed.
2018-11-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2019)

Attorneys

Duane Yates
Duane Yates — Petitioner
Duane Yates — Petitioner
Iowa
Kevin CmelikIowa Department of Justice, Respondent
Kevin CmelikIowa Department of Justice, Respondent