No. 19-425

Veronica W. Ogunsula v. William P. Barr, Attorney General, et al.

Lower Court: Fourth Circuit
Docketed: 2019-10-01
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: civil-procedure civil-rights due-process in-forma-pauperis leave-to-amend notice notice-requirement pleading-standards procedural-dismissal standing statutory-interpretation
Key Terms:
SocialSecurity DueProcess
Latest Conference: 2020-01-17 (distributed 2 times)
Question Presented (AI Summary)

What is the meaning of 28-U.S.C.-Section-1915-(e)-(2)-(b)-(ii)

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. What is the meaning of 28 U.S.C. Section 1915 (e) (2) (b) (ii), “fails to state a claim on which relief can be granted”, as it relates to Rule 12 (b) (6)? Is there a significant difference in the procedural process for dismissing civil rights claims under the two statutes? 2. Are the in forma pauperis plaintiffs precluded from receiving notice, an opportunity to respond, and leave to amend because they filed under in forma pauperis statute when their claims are neither ; frivolous nor malicious? Should the Court dismiss an informa pauperis complaint’s defendants, claims, or the entire complaint without notice, an opportunity to respond, or leave to amend? 3. Does federal pleading rules, and Rule 8 (a) specifically, provide for dismissal of a complaint or claim without notice for asserting an incorrect statute or defective legal theory supporting the claim asserted?

Docket Entries

2020-01-21
Rehearing DENIED.
2019-12-30
DISTRIBUTED for Conference of 1/17/2020.
2019-12-20
2019-11-25
Petition DENIED.
2019-11-06
DISTRIBUTED for Conference of 11/22/2019.
2019-10-09
Waiver of right of respondent Barr, Att'y Gen., et al. to respond filed.
2019-09-24
Petition for a writ of certiorari filed. (Response due October 31, 2019)

Attorneys

Barr, Att'y Gen., et al.
Noel J. FranciscoSolicitor General, Respondent
Veronica W. Ongunsula
Veronica W. Ogunsula — Petitioner