Dillon Mvuri v. American Airlines, Inc.
DueProcess CriminalProcedure
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?
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