No. 18-9007

Nicholas D. Weir v. Montefiore Medical Center, et al.

Lower Court: Second Circuit
Docketed: 2019-04-26
Status: Denied
Type: IFP
IFP
Tags: appellate-procedure civil-procedure civil-rights civil-rights-act-of-1964 district-court employment-discrimination frcp-rule-60(b) frcp-rule-61 frcp-rule-62.1 harmless-error retaliation retaliation-claim rule-60b substantial-rights
Key Terms:
SocialSecurity DueProcess EmploymentDiscrimina
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Does a district court judge's misunderstanding of the initial timeline that establishes a retaliation claim (under 42 U.S.C. § 2000e) not considered a harmless error under FRCP rule 61 and thus presents an arguable basis in law and in fact in contrast the generic ruling occasionally used as an alternative for keenly combing through all the facts?

Question Presented (from Petition)

QUESTIONS PRESENTED Does a district court judge’s misunderstanding of the initial timeline that establishes a retaliation claim (under 42 U.S.C..§ 2000e) not considered a harmless error under FRCP rule 61 and thus presents an arguable basis in law and in fact in contrast the generic ruling occasionally used as an alternative for keenly combing through all the facts? Can or should a district court rule on a timely FRCP rule 60(b) motion that includes a harmful error affecting substantial rights that is pending in appeal court without a conjunctive FRCP 62.1 motion? ii

Docket Entries

2019-10-07
Petition DENIED.
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2019-04-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 28, 2019)

Attorneys

Nicholas D. Weir
Nicholas D. Weir — Petitioner
Nicholas D. Weir — Petitioner