No. 21-7629

C. Holmes v. Granuaile, LLC, et al.

Lower Court: Fourth Circuit
Docketed: 2022-04-15
Status: Denied
Type: IFP
Relisted (3)IFP Experienced Counsel
Tags: article-iii-judicial-officer civil-procedure de-novo-review diversity-jurisdiction due-process full-and-fair-review magistrate-referral report-and-recommendation standing substantial-rights summary-dismissal writ-of-certiorari
Key Terms:
DueProcess Patent Privacy
Latest Conference: 2022-11-04 (distributed 3 times)
Question Presented (AI Summary)

Whether this Court should grant writ of certiorari on appealability

Question Presented (from Petition)

QUESTIONS PRESENTED } |. Whether this Court should grant writ of certiorari on appealability. ll. Whether the district court should provide complete record on appeal (ROA) for } full, fair, and/or meaningful review. ltl, Whether summary dismissal before service based on affirmative defense, | which defendants have the burden of raising, is reversible as a matter of law. IV. Whether the Report and Recommendation (R&R) is nearly identical to the | former magistrate’s summary dismissal R&R in Beeson v. South Carolina (D. S.C. 2016). V. Whether the district court erred in failing to address governing State Law cited | in this case of complete diversity jurisdiction. VI. Whether this Court should grant writ of certiorari regarding denial of the timely request for the substantial right of de novo determination by Article III judicial Officer without Report and Recommendation (R&R) on dispositive matters. | Vil. Whether denial of the substantial right of de novo determination by Article {il Judicial Officer without R&R on dispositive matters, hereafter coerced R&R, impermissibly denies/diminishes substantial rights including, but not limited to, Article Ill Judicial Officer, full and fair appeal rights, change in the standard of review regarding R&R, and/or diminished time to file appeal/objections for R&R without consent. | VIN. Whether this Court should grant writ of certiorari regarding the propriety of and/or lack of jurisdiction for referring to a magistrate a motion for the substantial right of de novo determination by Article III Judicial Officer without R&R on dispositive, or essentially dispositive, matters. | | ee ; |

Docket Entries

2022-11-07
Petition DENIED.
2022-10-20
DISTRIBUTED for Conference of 11/4/2022.
2022-10-15
Petitioner complied with order of June 21, 2022.
2022-10-03
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
2022-07-13
Motion DISTRIBUTED for Conference of 9/28/2022.
2022-07-07
Application (22A14) granted by The Chief Justice extending the time to file until October 24, 2022.
2022-06-29
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2022-06-29
Application (22A14) for an extension of time within which to comply with the order of June 21, 2022, submitted to The Chief Justice.
2022-06-21
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until July 12, 2022, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2022-06-01
DISTRIBUTED for Conference of 6/16/2022.
2022-04-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 16, 2022)
2022-02-09
Application (21A405) to extend the time to file a petition for a writ of certiorari from February 20, 2022 to April 21, 2022, submitted to The Chief Justice.
2022-02-09
Application (21A405) granted by The Chief Justice extending the time to file until April 22, 2022.

Attorneys

C. Holmes
C. Holmes — Petitioner
C. Holmes — Petitioner