No. 19-6438

Jose Luis Tapia-Fierro v. William P. Barr, Attorney General, et al.

Lower Court: Ninth Circuit
Docketed: 2019-10-29
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-procedure civil-rights constitutional-rights criminal-procedure death-penalty due-diligence due-process evidence-removal federal-jurisdiction innocence-claim procedural-limitations removal standing statute-of-limitations
Latest Conference: 2020-03-20 (distributed 2 times)
Question Presented (from Petition)

Whether the State of Arizona's statute of limitations found in the Arizona Revised Statute ("A.R.S." 812-542) applies to a federal action in a district court?

2. Was the July 18, 2018 Order by the United States district court dismissing complaint as barred by the A.R.S. 812-542, proper?

3. In a Bivens action, where federal defendants, not state defendants, are implicated, would the State of Arizona's forum of statute of limitations be the correct and/or proper statute?

4. In complaining, for what is [now known] a wrongful, improper and erroneous removal proceeding; For purposes of [the] federal statute

Question Presented (AI Summary)

Whether the State of Arizona's statute of limitations found in Arizona Revised Statute (ARS) §12-542 applies to a Federally created cause of action in the United States district court?

Docket Entries

2020-03-23
Rehearing DENIED.
2020-03-04
DISTRIBUTED for Conference of 3/20/2020.
2019-12-31
Petition for Rehearing filed.
2019-12-16
Petition DENIED.
2019-11-27
DISTRIBUTED for Conference of 12/13/2019.
2019-11-21
Waiver of right of respondent Barr, Att'y Gen., et al. to respond filed.
2019-08-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 29, 2019)

Attorneys

Barr, Att'y Gen., et al.
Noel J. FranciscoSolicitor General, Respondent
Jose Luis Tapia-Fierro
Jose Luis Tapia-Fierro — Petitioner