No. 21-7308

Deon D. Colvin v. Howard University

Lower Court: District of Columbia
Docketed: 2022-03-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure civil-rights due-process fifth-amendment fourteenth-amendment issue-preclusion pleadings pro-se pro-se-litigant procedural-due-process standing
Key Terms:
AdministrativeLaw DueProcess
Latest Conference: 2022-04-14
Question Presented (AI Summary)

Whether the D.C. Court of Appeals violated the petitioner's Fifth and Fourteenth Amendment rights to due process by failing to consider all of the petitioner's allegations in the opposition to the motion to dismiss

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioner is a pro se litigant. The District of Columbia Court of Appeals affirmed the District of Columbia Superior Court’s grant of Howard’s motion to dismiss pursuant to Super. Ct. Rule Civ. P. 12(6)(6). The Court ruled my complaint is issue precluded by direct estoppel. The Court did not consider pleadings in my opposition to Howard’s motion to dismiss in rendering its decision. The Questions Presented are as follows: ; 1. Was the D.C. Court of Appeals obligated to consider all of my allegations pled in my Opposition to Howard’s Motion to Dismiss—and construe them less strictly in deciding if my Complaint and proffered sixth cause of action are issue precluded, and if so, was its failure to do so a violation of my Fifth and , Fourteenth Amendment rights to Due Process of Law (i.e. my right to procedural due process)? 2. Was the D.C. Court of Appeal’s failure to include my Opposition pleading to Howard's Motion to Dismiss in its deliberations (i.e. in deciding if my complaint was issue precluded) a failure to act pursuant to its own deliberation policies for pro se litigants and thus a deprivation of my Fifth and Fourteenth Amendment rights to Due Process of law (i.e. my right to procedural due process)? 3. Was the D.C. Court of Appeal’s failure to include all of my pleadings in its deliberations pursuant to federal court decisions on 12(b)(6) dismissals—per its own policy to hold these decisions as precedent—a violation of my Fifth and Fourteenth . Amendment Rights to Due Process of law (i.e. my right to procedural due process)? ii

Docket Entries

2022-04-18
Petition DENIED.
2022-03-24
DISTRIBUTED for Conference of 4/14/2022.
2022-03-17
Waiver of right of respondent Howard University to respond filed.
2022-03-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 7, 2022)
2021-12-22
Application (21A265) granted by The Chief Justice extending the time to file until March 5, 2022.
2021-12-17
Application (21A265) to extend the time to file a petition for a writ of certiorari from January 4, 2022 to March 5, 2022, submitted to The Chief Justice.

Attorneys

Deon D. Colvin
Deon D. Colvin — Petitioner
Deon D. Colvin — Petitioner
Howard University
Zachary ShapiroHoward University - Office of General Counsel, Respondent
Zachary ShapiroHoward University - Office of General Counsel, Respondent