No. 19-6958

Renee L. McCray v. Samuel I. White, P.C., et al.

Lower Court: Fourth Circuit
Docketed: 2019-12-16
Status: Denied
Type: IFP
IFP
Tags: bona-fide-error civil-procedure civil-procedure-rules debt-collection due-process fair-debt-collection-practices-act fdcpa federal-appeals federal-rules-of-civil-procedure fourth-circuit jerman-v-carlisle rehearing standing summary-judgment
Key Terms:
Environmental SocialSecurity Securities Immigration Trademark
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Whether the Court of Appeals for the Fourth Circuit erred when it denied the Petitioner's petition for rehearing, when the United States District Court's 02/26/2019 opinion was contrary to the Federal Rules of Civil Procedures, Rule 15(a)(2)?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether the Court of Appeals for the Fourth Circuit erred when it denied the Petitioner’s petition for rehearing, when the United States District Court’s 02/26/2019 opinion was contrary to the Federal Rules of Civil Procedures, Rule 15(a)(2)? 2. Whether the Court of Appeals for the Fourth Circuit erred when the : Uhited States District Court allowed the Respondents to claim “bona fide error,” in the Petitioner's 2018 FDCPA complaint, after the Respondents filed a false, misleading and deceptive document, claiming they validated the alleged debt? 3. Whether the District Court’s ruling granting the Respondents a “bona fide error” defense is contrary to this Court’s ruling in Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, 559 U.S. 573, 587 (2010)? f 4, Whether the Court of Appeals for the Fourth Circuit erred when it allowed the United States District Court ruling for Summary Judgment ; in the 2013 and 2016 complaints, while there were material facts in dispute? 5. Whether the Court of Appeals for the Fourth Circuit erred, when the United States District Court would not resolve the Respondents violation of 15 U.S.C. § 1692g(b) in the Petitioner's 2016 FDCPA complaint, after the court consolidated the Petitioner's 2013 and 2016 complaints? LIST OF ALL PARTIES The Petitioner is Renee L. McCray, the Appellant below and Plaintiff in the United States District Court. The Respondents, Samuel I. White, P.C., et al., are the Appellees below and Defendants in the United States District Court. Federal Home Loan Mortgage Corporation were Appellees below in the Petitioner’s 2013 complaint, but are not a party to the claims at issue in this petition. Wells Fargo Bank, N.A. were Appellees below in the Petitioner’s 2013 . complaint, but are not a party to the claims at issue in this petition.

Docket Entries

2020-02-24
Petition DENIED.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2019-12-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 15, 2020)

Attorneys

Renee L. McCray
Renee L. McCray — Petitioner
Renee L. McCray — Petitioner