No. 19-7912

Ali Mehdipour v. Keith Sweeney, et al.

Lower Court: Tenth Circuit
Docketed: 2020-03-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal appellate-jurisdiction civil-procedure court-filing dismissal erroneous-ruling fruit-of-the-poisonous-tree judicial-review legal-timeliness prejudice procedural-error review statute-of-limitations timeliness
Key Terms:
SocialSecurity Immigration
Latest Conference: 2020-05-15
Question Presented (AI Summary)

Does a fruit-of-a-poisonous-tree follow from an initial erroneous ruling on timeliness of filing the initial complaint follow through subsequent ruling on review, so that all subsequent timeliness calculations must account for the initial untimeliness prejudice?

Question Presented (OCR Extract)

Questions Presented 1. Does a follow from an initial erroneous ruling on timeliness of filing the initial complaint follow through subsequent ruling S$ on review, so that all subsequent timeliness calculations must account for the initial untimeliness prejudice? 2. Did the District Court err in calculating the time for filing when the State Statute and court rules clearly begins the two year statute of limitations when the Order dismissing the criminal proceedings against Petitioner began when the Order is “filed” as opposed to when the Court stated on the record the case would be dismissed, but did not dismiss the matter until a later " date. 3. Did the District Court err in calculating the time for filing when the State Statute and court rules cleatly begins after a ninety day time for filing an appeal after the State gave notice of appeal. , 4. Did the Tenth Circuit err in dismissing Petitioner’s appeal, given the inception of the case began with an erroneous timeliness ruling against Petitioner. Ad |

Docket Entries

2020-05-18
Petition DENIED.
2020-04-23
DISTRIBUTED for Conference of 5/15/2020.
2020-04-08
Brief of respondent Keith Sweeney in opposition filed.
2020-03-26
Waiver of right of respondent The City of Oklahoma City to respond filed.
2020-03-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 10, 2020)

Attorneys

Ali Mehdipour
Ali Mehdipour — Petitioner
Ali Mehdipour — Petitioner
Keith Sweeney
Ambre Camille GoochCollins, Zorn & Wagner, P.C., Respondent
Ambre Camille GoochCollins, Zorn & Wagner, P.C., Respondent
The City of Oklahoma City
Richard C. SmithMunicipal Counselor's Office, Respondent
Richard C. SmithMunicipal Counselor's Office, Respondent