No. 21-7634

In Re Lin Ouyang

Lower Court: N/A
Docketed: 2022-04-15
Status: Dismissed
Type: IFP
IFP
Tags: appellate-jurisdiction civil-procedure court-of-appeals exceptional-circumstances finality-of-judgment judicial-procedure mandamus motion-reconsideration reconsideration writ-of-mandamus
Key Terms:
DueProcess
Latest Conference: 2022-06-16
Question Presented (AI Summary)

Whether the court of appeals has reached a genuinely final judgment?

Question Presented (from Petition)

QUESTION PRESENTED . , Court of Appeals for the Ninth Circuit dismissed petitioner’s appeal as frivolous and stated that “No further filing will be entertained in this closed case”, however the court of appeals did not order its mandate to be issued forthwith. Petitioner timely filed a motion for reconsideration seeking reversal of the court of appeals’ dismissal order. Six months later, the court of appeals struck the motion for reconsideration refusing to rule it. The question presented is whether a writ of mandamus should issue directing the court of appeals to rule the motion for reconsideration? (Whether the court of appeals has reached a genuinely final judgment?) i

Docket Entries

2022-06-21
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of mandamus is dismissed. See Rule 39.8.
2022-06-01
DISTRIBUTED for Conference of 6/16/2022.
2022-04-09
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due May 16, 2022)

Attorneys

Lin Ouyang
Lin Ouyang — Petitioner
Lin Ouyang — Petitioner