No. 19-744

Leslie T. Jackson v. District of Columbia

Lower Court: District of Columbia
Docketed: 2019-12-11
Status: Denied
Type: Paid
Response Waived
Tags: administrative-dismissal artis-v-district-of-columbia civil-procedure due-process final-adjudication jurisdiction precedent-binding precedent-binding-effect-of res-judicata statute-of-limitation statute-of-limitations subject-matter-jurisdiction
Key Terms:
Environmental SocialSecurity Immigration
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Issues being raised

Question Presented (from Petition)

QUESTIONS PRESENTED 1. IS THE LOWER COURT CLERK AND JUDGE LEGALLY BOUND TO FOLLOW THIS COURTS PRECEDENT AND IN PARTICULAR ITS PRECEDENT IN ARTIS V. DISTRICT OF COLUMBIA, 138 S. Ct. 594 (January 22, 2018) AND IN THAT REGARD WILL AN INVOLUNTARY ADMINISTRATIVE DISMISSAL WITHOUT PREJUDICE ON SUBJECT MATTER JURISDICTION BAR A SUBSEQUENT SIMILAR CASE UNDER THE 30-DAY STATUTE OF LIMITATION IN D.C. Code Chapter 1 § 623. 2. WHETHER A MATERIAL MISTAKE OF FACT, WHICH IMPACTS JURISDICTION, IN AN ADMINISTRATIVE DISMISSAL WITHOUT PREJUDICE IS A FINAL DECISION ON THE _ MERITS THAT CANNOT BE APPEALED. , 3. | PURSUANT TO COURT PRECEDENT . AND LOCAL COURT RULES OF CIVIL PROCEDURE 41, IS AN INVOLUNTARY DISMISSAL WITHOUT PREJUDICE ON JURISDICTIONAL GROUNDS A FINAL ADJUDICATION ON THE MERITS THAT IS SUBJECT TO RES JUDICATA IN A SUBSEQUENT SIMILAR CASE. 4. CANA PARTY WHO FAILS TO . CORRECT A MATERIAL MISTAKE OF FACT INA . LEGAL DECISION UNDER WHICH IT GREATLY BENEFITED AND SEVERELY PREJUDICED THE OTHER PARTY BE VIEWED TO “ACQUIESCE” AND WOULD THAT “ACQUIESCENCE , CONSTITUTE A CONSTRUCTIVE AGREEMENT AND A TACIT APPROVAL OF THAT MISTAKE — CAN THAT APPROVAL BE EXPRESSED OR IMPLIED WHEN THE PARTY HAS FULL KNOWLEDGE OF ITS RIGHT TO OBJECT BUT TAKES NO ACTION TO EFFECTUATE A 7 DIFFERENT OUTCOME. See Collins Dictionary of Law © W.J. Stewart, 2006. 5. DOES THE CLERK OF THE D.C. . Court of Appeals HAVE THE LEGAL AUTHORITY TO AFFIRM THE LOWER COURT'S DISMISSAL OF APPEAL WITHOUT PREJUDICE ON JURISDICTIONAL GROUNDS AND DOES THE CLERK HAVE THE AUTHORITY TO ENTER A FINAL JUDGMENT OF ADJUDICATION ON THE , MERITS IN CONTRADICTION TO HIS OR HER : AUTHORITY PURSUANT TO LOCAL CIVIL RULE 41 THAT ONLY PERMITS A CLERK TO DISMISS AN APPEAL WITHOUT PREJUDICE. iv

Docket Entries

2020-02-24
Petition DENIED.
2020-01-15
DISTRIBUTED for Conference of 2/21/2020.
2020-01-10
Waiver of right of respondent District of Columbia to respond filed.
2019-06-07
Petition for a writ of certiorari filed. (Response due January 10, 2020)

Attorneys

District of Columbia
Carl James SchifferleOffice of the Attorney General for the District of Columbia, Respondent
Carl James SchifferleOffice of the Attorney General for the District of Columbia, Respondent
Leslie Jackson
Leslie T. Jackson — Petitioner
Leslie T. Jackson — Petitioner