No. 20-6696

La Verne Koenig v. Andrew Wheeler, Administrator, Environmental Protection Agency, et al.

Lower Court: Eighth Circuit
Docketed: 2020-12-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure civil-procedure constitutional-precedent due-process equal-protection erie-doctrine federal-rules-of-civil-procedure full-faith-and-credit pro-se-litigation state-rights
Key Terms:
DueProcess
Latest Conference: 2021-02-26
Question Presented (AI Summary)

Does the Federal Rule [Fed. R. Civ. Pro. Rule 4] significantly affect the result of a litigation for a Federal Court to disregard a law of a State that would be controlling in an action upon the same claims by the same parties in a State Court?

Question Presented (from Petition)

QUESTIONS PRESENTED Question 1: (A) Does the Federal Rule, [Fed. R. Civ. Pro. Rule 4] . significantly affect the result of a litigation for a Federal Court to disregard a law of a State that would be controlling in an action : upon the same claims by the same parties in a State Court? (B) Are the Federal Rules of Civil Procedure, contrary to or inconsistent with the Rules Enabling Act [28 U.S.C. 1652], Houston v. Lack, 487 U. S. 266 (1988); Mullane v. Central ; Hanover Bank, 339 U. S. 306, 320 (1950), depriving Plaintiffs of State created rights and privileges contrary to the Erie Railroad Co. v. Tompkins, 304 U. S. 64 (1938) doctrine; (C) does the Fed. R. Civ. Pro. Rules 3 and 4 sub silento, overrule the aforementioned Supreme Court decisions, depriving Plaintiffs of substantive State created rights and privileges in violation of the Full Faith and Credit Clause of the U. S. Constitution, Article IV, Section 1? Question 2: Whether the U.S. Court of Appeals for the Eighth Circuit may disregard and totally ignore this Court’s precedent, by utilizing it’s Rule 47A(a) to dismiss a pro se indigent litigants’ appeal without permitting the litigant the opportunity to present the issues, present argument and brief the issues, before the Court renders a decision, violate the Due Process, Equal Protection Clauses and the First Amendment of the United States : Constitution? (B) Thus violating 28 U.S.C. 1915; 28 U.S.C. 2072 and this Court’s precedent? (ii)

Docket Entries

2021-03-01
Petition DENIED.
2021-02-11
DISTRIBUTED for Conference of 2/26/2021.
2021-01-12
Waiver of right of respondents Wheeler, Andrew, et al. to respond filed.
2020-12-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2021)

Attorneys

La Verne Koenig
La Verne Koenig — Petitioner
La Verne Koenig — Petitioner
Wheeler, Andrew, et al.
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent