No. 20-487

Ho Wong Jeong v. Angel Cabrera, et al.

Lower Court: Fourth Circuit
Docketed: 2020-10-14
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure district-court due-process judicial-discretion motion precedent pro-se rule-60 standing supreme-court-precedent
Key Terms:
JusticiabilityDoctri
Latest Conference: 2020-11-06
Question Presented (AI Summary)

Did the district court act contrary to SCOTUS precedents in denying appellant's pro se Rule 60(b)(3) motion on untimeliness without oral argument?

Question Presented (from Petition)

QUESTION PRESENTED Did the district court act contrary to this Court’s precedents in Haines v. Kerner, 404 U.S. 519, 521 (1972) and Erickson v. Pardus, 551 U.S. 89, 94 (2007) when it denied appellant’s pro se Rule 60(b)(3) motion on the grounds of untimeliness without holding oral argument to inquire into the reasons that appellant waited a bit more than eleven months to file the motion?

Docket Entries

2020-11-09
Petition DENIED.
2020-10-21
DISTRIBUTED for Conference of 11/6/2020.
2020-10-15
Waiver of right of respondent Angel Cabrera, et al. to respond filed.
2020-10-08
Petition for a writ of certiorari filed. (Response due November 13, 2020)

Attorneys

Angel Cabrera, et al.
Toby Jay HeytensOffice of the Attorney General, Respondent
Toby Jay HeytensOffice of the Attorney General, Respondent
Ho Wong Jeong
Richard Franklin Hawkins IIIThe Hawkins Law Firm, PC, Petitioner
Richard Franklin Hawkins IIIThe Hawkins Law Firm, PC, Petitioner