No. 19-5666

Roger Charles Day, Jr. v. United States

Lower Court: Fourth Circuit
Docketed: 2019-08-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law civil-procedure civil-rights due-process equal-protection free-speech standing takings
Latest Conference: 2019-10-01
Question Presented (from Petition)

Whether Rule 41 post conviction motion for a motion is treated as a Civil action governed by Federal Rule of Civil Procedure.

2) Whether the district court violated the Due Process Clause of the Fifth Amendment by treating the Rule 41(g) motion, filed by the Petitioner as a post conviction motion, as a pre-conviction motion and subjected the Petitioner to an ad hoc motion and apply to honor and judicial process Federal Rules of Procedure.

3) Whether the district court violated Rule 36 of the Federal Rules of Civil Procedure and therefore the Due Process Clause of the Fifth Amendment as the Petitioner as Rule 36 served and admissions Rule 41(g) in the Course of the motion and the United States did respond in time admitted all and Civil as a in equity Rule yet the district court applied just denied Rule 36 admissions and the Rule 41(g) motion.

Question Presented (AI Summary)

Whether the petitioner's constitutional rights were violated when the lower court dismissed the case on standing grounds

Docket Entries

2019-10-07
Petition DENIED.
2019-09-12
DISTRIBUTED for Conference of 10/1/2019.
2019-09-03
Waiver of right of respondent United States to respond filed.
2019-08-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 23, 2019)

Attorneys

Roger Day
Roger Charles Day Jr. — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent