No. 20-976

David H. Penny v. Lincoln's Challenge Academy

Lower Court: Seventh Circuit
Docketed: 2021-01-22
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: civil-procedure civil-rights constitutional-rights due-process federal-civil-rules judicial-procedure pro-se pro-se-litigants standing summary-judgment
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2021-04-16 (distributed 2 times)
Question Presented (AI Summary)

What is the proper treatment of Pro Se litigants nationwide who make a technical error or other mistake for lack of knowledge or a misunderstanding of the law or local rules, causing a dismissal of the case or granting of summary judgment against them without their case being heard and without the opportunity to correct the error; which equates to justice being denied them whether plaintiff or defendant?

Question Presented (OCR Extract)

QUESTIONS PRESENTED ; What is the proper treatment of Pro Se litigants nationwide who make a technical error or other mistake for lack of knowledge or a misunderstanding of the law or local rules, causing a dismissal of the case or granting of summary judgment against them without their case being heard and without the opportunity to correct the error; which equates to justice being denied them whether plaintiff or defendant? What is the equitable treatment nationwide of Pro Se litigants in procedures addressing the disparity in privileges in local rules between jurisdictions, for example, discrimination between Pro Se and Social Security or Prisoner litigants concerning local rules and between aid given to Pro Se litigants concerning summary judgment and similar aid not given to other Pro Se litigants within the same State or between the States? : What is the resolution of conflicting opinions on summary judgment between various circuit court opinions as it relates to pro se litigants? What is the proper interpretation of precedent case law regarding the Constitutionality problems surrounding Federal Civil Rule 56: summary judgment? What is the clear and equitable standard for consistency in the application of the reasonable jury standard in Federal Rule 56? ii QUESTIONS PRESENTED—Continued What is the appropriate interpretation of the Rules Enabling Act original section 2027 of the Act and its subsequent vague revisions relating specifically to substantive rights etc., and trial by jury being abridged by Rule 56 summary judgment?

Docket Entries

2021-04-19
Rehearing DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2021-03-31
DISTRIBUTED for Conference of 4/16/2021.
2021-03-23
2021-03-01
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2021-02-10
DISTRIBUTED for Conference of 2/26/2021.
2021-02-04
Waiver of right of respondent Lincoln's Challenge Academy to respond filed.
2021-01-13
Petition for a writ of certiorari filed. (Response due February 22, 2021)

Attorneys

David H. Penny
David H. Penny — Petitioner
David H. Penny — Petitioner
Lincoln's Challenge Academy
Frank Henry BieszczatOffice of the Illinois Attorney General, Respondent
Frank Henry BieszczatOffice of the Illinois Attorney General, Respondent