No. 20-7005

Andre King v. Brian Kendall, Warden

Lower Court: Fourth Circuit
Docketed: 2021-02-01
Status: Denied
Type: IFP
Response RequestedRelisted (2)IFP
Tags: appellate-review civil-procedure district-court due-process federal-rules-of-civil-procedure judicial-procedure legal-error motion-to-dismiss procedural-discretion standing summary-dismissal
Latest Conference: 2021-05-27 (distributed 2 times)
Question Presented (from Petition)

A. WHETHER THE COURT OF APPEALS ERRED AS A MATTER OF LAW IN ALLOWING THE DISTRICT COURT TO SUMMARILY DISMISS PETITIONER'S MOTION TO REOPEN A CASE PURSUANT TO HOUSTON V LAX YET US ALL LASS WITHOUT EITHER AN EVIDENTIALLY WEAKABLE OF TO CEPADO THE RELET, BYEALY LOREN A QUESTION OF FER TS INVOLVED IN THE PETITIONER CASE

B. WHETHER THE COURT OF JUDGMENTS ERRED AS A MATTER OF LAW IN ALLOWING THE DISTRICT COURT TO ABUSE ITS DISCRETION TO HEAR THE PETITIONER THE BLUNT TO APPEAL PURSUANT TO WOURTON J LACK YET US ALL LASS WHEN HE HANDED ITS NOTICE A APPEAL TO THE JUSTICE OFFERED TO BE HELD OF TO THE DISTRICT COURT

C. WHETHER THE COURT OF APPEALS ERRED AS A MATTER OF LAW IN ALLOWING THE DISTRICT COURT TO ABUSE ITS DISCRETION IN MAKING UNDEAS FILE 9 CO AND RULE 4 LALYLIGI OF THE FEL LULE OF AGQELUTE PRALPLEL IN AN UNCONSTITUTIONAL MANNER WHEN IT WAS INSTRUCTED THE DISTRICT COURT

Question Presented (AI Summary)

Whether the Court of Appeals erred as a matter of law in allowing the district court to summarily dismiss the petitioner's motion to reopen the case pursuant to Rule 60(b) of the Federal Rules of Civil Procedure without either an evidentiary hearing or a reasoned explanation of its decision

Docket Entries

2021-06-01
Petition DENIED.
2021-05-12
DISTRIBUTED for Conference of 5/27/2021.
2021-04-26
Brief of respondent Brian Kendall, Warden in opposition filed.
2021-03-25
Response Requested. (Due April 26, 2021)
2021-03-17
DISTRIBUTED for Conference of 4/1/2021.
2020-10-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 3, 2021)

Attorneys

Andre King
Andre King — Petitioner
Brian Kendall, Warden
Melody Jane BrownSouth Carolina Attorney General's Office, Respondent