No. 20-6320

Dianne Michele Carter v. Thomas Pellicane, et al.

Lower Court: Fourth Circuit
Docketed: 2020-11-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bench-warrant civil-procedure constitution constitutional-supremacy due-process fourth-amendment religious-establishment separation-of-powers service-of-process standing superior-law
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Whether the Constitution or an ordinary act of the legislature governs the case

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Ifthe courts are to regard the Constitution and the Constitution is superior to any ordinary act of the legislature, is it the Constitution, and not such ordinary act, that must govern this case to which they both apply? 2. Isit constitutional for a judge to issue an order that service is to be in accordance with . Rule 4 of the Federal Rules of Civil Procedure and then proceed with the case, issuing a Bench Warrant for the defendant’s failure to appear, knowing that the plaintiff failed to effect service? ; 3. Is it constitutional for the United States Marshals Service to break into an establishment of religion without a proper warrant and perform a search and seizure? i

Docket Entries

2021-01-11
Petition DENIED.
2020-12-17
DISTRIBUTED for Conference of 1/8/2021.
2020-12-08
Waiver of right of respondent Pellicane, Thomas, et al. to respond filed.
2020-11-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 14, 2020)

Attorneys

Dianne Michele Carter
Dianne M. Carter — Petitioner
Dianne M. Carter — Petitioner
Pellicane, Thomas, et al.
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent