No. 20-278

Marguerite Smith v. Robert Wilkie, Secretary of Veterans Affairs, et al.

Lower Court: Eleventh Circuit
Docketed: 2020-09-02
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: 11th-circuit appellate-procedure circuit-rules civil-procedure due-process federal-rules federal-rules-of-appellate-procedure judicial-discretion jurisdiction mandate-issuance standing
Key Terms:
DueProcess
Latest Conference: 2021-01-22 (distributed 2 times)
Question Presented (AI Summary)

Does the 11th Circuit's circuit rules supersede the Federal Rules of Appellate Procedures, particularly when it results in depriving an individual due process before the court?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Does the 11" Circuit’s circuit rules supersede the Federal Rules of Appellate Procedures, particularly when it results in depriving an individual due process before the court? Page 3 of 10 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT CERTIFICATE OF INTERESTED PARTIES In accordance with 11" Circuit Rule 26.1-1, Rules that a petition for rehearing en banc Must include in the certificate of interested persons a complete list of all persons and entities listed: 1. Bilal Ahmed Faruqui, Attorney General’s Office, Counsel for Mark H. Mahon, Appellee 2. Boor, Julianna, Director, Department of Veterans Administrative St Petersburg, FL (in her individual capacity), Defendant-Appellee 3. Corinis, Jennifer W., AUSA, Dept. of Veterans Administration St Petersburg, FL 4. Davis, Brian, J., United States Middle District Judge, Jacksonville Division 5. Department of Veterans Affairs Administrative Regional Office, St Petersburg, FL., Defendant-Appellee 6. Grandy, Todd B., AUSA, Appellate Division, Counsel for Appellee 7. Lopez, Maris Chapa, United States Attorney, Defendant-Appellee 8. Mahon, Mark, H., (in his individual personal capacity), Defendant-Appellee 9. Powers, Sean M., Assistant United States Attorney, Defendant-Appellee 10. Richard, Monte C., Magistrate Judge, United States District Court . 11. Schlesinger, Harvey E., United States Middle District Judge, Jacksonville Division 12. Smith, Marguerite Smith, pro se, Plaintiff-Appellant 13. Watson, Jay B., (in his individual personal capacity), Defendant-Appellee, Counsel for Attorney General’ Office 14. Wilkie, Robert, Secretary of Veterans Affairs yas d | Marguerite Smith Page 2 of 10 OPINIONS BELOW For cases from federal courts: The time to file a petition for a writ of certiorari runs from the date of entry of the judgment or order sought to reviewed, and not from the issuance date of the mandate (or its equivalent under local practice). Rule 13.3 Memorandum to Counsel or Parties 11"* Circuit court Rule 41, Federal Rule of Appellate Procedure, and Eleventh Circuit Rule 41-1 for information regarding issuance and stay of mandate was reentered July 27, 2020 and an extension of time to file the petition for a writ of certiorari. JURISDICTION The jurisdiction of this Court is invoked under 28 U.S. C. § 1254(1) Page 4 of 10

Docket Entries

2021-01-25
Rehearing DENIED.
2021-01-06
DISTRIBUTED for Conference of 1/22/2021.
2020-12-03
Petition for Rehearing filed.
2020-11-23
Petition DENIED.
2020-11-04
DISTRIBUTED for Conference of 11/20/2020.
2020-11-02
Waiver of right of respondents Wilke, Robert, et al. to respond filed.
2020-10-05
Motion to extend the time to file a response is granted and the time is extended to and including November 2, 2020.
2020-10-02
Motion to extend the time to file a response from October 2, 2020 to November 2, 2020, submitted to The Clerk.
2020-07-29
Petition for a writ of certiorari filed. (Response due October 2, 2020)

Attorneys

Marguerite Smith
Marguerite Smith — Petitioner
Marguerite Smith — Petitioner
Wilke, Robert, et al.
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent