Joseph Findler v. Christopher Wray, Director, Federal Bureau of Investigation, et al.
Privacy
Do the lower federal courts have the authority to depart from the pleading standards required by the Federal Rules of Civil Procedure and this Court's relevant decisions, when a complaint alleges unlawful and unconstitutional conduct, which, if proven true, would entail an entitlement to relief?
QUESTIONS PRESENTED Do the lower federal courts have the authority to : depart from the pleading standards required by the Federal Rules of Civil Procedure and this Court's ; relevant decisions, when a complaint alleges unlawful ; and unconstitutional conduct, which, if proven true, would entail an entitlement to relief? Does a District Court have the discretion to deny any opportunity to amend a complaint at the same time it dismisses a complaint with prejudice, when ; there is any possibility that deficiencies may be cured through more specified pleading or without notice, a definitive ruling on the pleadings, or identification of deficiencies within the complaint prior? Can a lower federal court determine it lacks , subject matter jurisdiction over a plaintiff's claims ; and proceed to make a determination on the merits of a plaintiffs claims or “hypothetically” impose or ‘bypass the question of subject matter jurisdiction to make a determination on the merits of a plaintiff's claims, and then subsequently dismiss those claims with prejudice? Can a Circuit Court affirm, in whole, the holding of a District Court, which determined that it lacked subject matter jurisdiction over a plaintiff's claims, when the Circuit Court’s determination that the District Court had subject matter jurisdiction over a plaintiffs claims, directly conflicts with that District Court’s holding?