No. 19-7257

Dillon Mvuri v. American Airlines, Inc.

Lower Court: Fourth Circuit
Docketed: 2020-01-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeals appellate-review civil-procedure due-process federal-rules-civil-procedure federal-rules-of-civil-procedure judicial-reasoning pro-se summary-judgement summary-judgment
Key Terms:
DueProcess CriminalProcedure
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Where the district court issues a summary judgement without giving reasons on the record contrary to Rule 56 of Federal Rules of Civil Procedure and the appeals court affirms 'for the reasons stated by the district court' without addressing substantive issues submitted for review, do the summary dispositions deny the losing pro se litigant due process?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Where the district court issues a summary judgement without giving reasons on the record contrary to Rule 56 of Federal Rules of Civil Procedure and the appeals court affirms “for the reasons stated by the district court” without addressing substantive issues submitted for review, do the summary dispositions deny the losing pro se litigant due process? ) 2. Ifapro se litigant files a writ of mandamus in terms of Rule 21 of Federal Rules of Appellate Procedure for review of a district court’s nondispositive motion judgement under the mistaken belief that such motion is unappealable, should the ex parte application ‘toll’ the statutory time to file a subsequent objection against the motion judgement and is it incumbent upon the appeals court to advise the litigant to file an objection with the district court? 1

Docket Entries

2020-02-24
Petition DENIED.
2020-02-06
DISTRIBUTED for Conference of 2/21/2020.
2020-01-29
Waiver of right of respondent American Airlines, Inc. to respond filed.
2020-01-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 12, 2020)

Attorneys

American Airlines, Inc.
Daniel Earl FarringtonFisher & Phillips LLP, Respondent
Dillon Mvuri
Dillon Mvuri — Petitioner