No. 20-8324

Ricardo Valdez v. Walker, C.O., et al.

Lower Court: Ninth Circuit
Docketed: 2021-06-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure constitutional-right due-process exceptional-circumstances final-judgment fourteenth-amendment klapprott-v-us liberty-interest procedural-mechanism relief speedy-trial Whether a state-created liberty interest in a spee
Latest Conference: 2021-09-27
Question Presented (from Petition)

I.) Can FedRule. Civ. Proc Go(bl) be Use For The Purpose of obTaining Relie
From The operation Judsement, when Exceptional Circumstances existed such
as in:(Klaperott v.U.S. 335 2.5. 601, 613(194a) ("Civil deFendanT wh0 was
Till, penniless and incarserated and ThereFore Unable To Appeak and defend its
Case, granted relief)

2.) If The Answer is Yes on Question abore, I would Then like To know if qticir
Court of Appeal errd when it Isnored m4 Contention. of Fed R. civ Po bolblGl
where I Contended That Excertional Circumstances existed in Case because PlaintiFF
didrit SPeak Englishwas IlletergTe: hal a GPAof 2:0 Citins (Gil V. Vosilano 131 F.Jure
2d 486, H94 (S. D. N.4.20oi) (Relief Grante becquse PlainTiff did noT understand ProCedurts de To its anguase difficulties). DisT Court Ignored PlaintifFs ConTention
AdJress FedR. Civ. Roc COb it adress ConTendns ThaT PlainTifF was Usins Fed R Ci
Proc 6Ob) as a 2nd Appeal. When PlantifF aT No PoinT was Usins FedR. Civ Proc 60)
To Attack Underluihs Judsement.

Question Presented (AI Summary)

Can Fed. R. Civ. P. 60(b) be used for the purpose of obtaining relief from the operation of a subsisting, final judgment, when exceptional circumstances existed, such as in Klapprott v. U.S., 335 U.S. 601, 613 (1949)

Docket Entries

2021-10-04
Petition DENIED.
2021-07-22
DISTRIBUTED for Conference of 9/27/2021.
2021-07-15
Waiver of right of respondent Walker, et al. to respond filed.
2021-06-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2021)

Attorneys

Ricardo Valdez
Ricardo Valdez — Petitioner
Walker, et al.
Michelle Devorah IgraCalifornia Department of Justice - Office of the A, Respondent