No. 22-1045

Robert R. Snyder v. California Department of Corrections and Rehabilitation, et al.

Lower Court: Ninth Circuit
Docketed: 2023-04-27
Status: Denied
Type: Paid
Response Waived
Tags: 12(b)(6) civil-procedure dismissal due-process pleading-standards pleadings prisoner-rights rule-12 section-1983 standing
Key Terms:
AdministrativeLaw SocialSecurity DueProcess Securities
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Does Federal Rules of Civil Procedure Rule 12 permit a defendant to file successive, pre-answer Rule 12(b)(6) motion(s) to dismiss—each towards a separate claim—six months apart?

Question Presented (OCR Extract)

QUESTIONS PRESENTED * Does Federal Rules of Civil Procedure Rule 12 permit a defendant to file successive, pre-answer Rule 12(b)(6) motion(s) to dismiss—each towards a separate claim—six months apart? * Where as here, if a prisoner is subject to constant intra-facility transfers over a period of 24 months, does this constitute 'an expected parameter of the sentenced imposed by the trial court’? * Is it fundamentally unfair for the District Court to allow Petitioner's well documented claims of custodial abuse to remain in the pleadings stage, for 35 months before eventually dismissing the case? * Considering the nature and volume of the evidence lodged into the record, should the public-official defendants named below, be able to avoid liability for their overt acts/omissions? * After the United States Magistrate Judge declared that Petitioner stated a claim, did the ‘burden shift' ; within the meaning of Mt. Healthy v. Doyle, for the purposes of § 1983 retaliation claims? Where is the constitutional line drawn between pleading standards and burden of proof?

Docket Entries

2023-10-02
Petition DENIED.
2023-06-14
DISTRIBUTED for Conference of 9/26/2023.
2023-05-17
Waiver of right of respondents California Department of Corrections and Rehabilitation, et al., Gastelo, Ward,, Asuncion, Florecky, Phillips, Scheiffele, Esquerra to respond filed.
2023-04-25
Petition for a writ of certiorari filed. (Response due May 30, 2023)

Attorneys

California Department of Corrections and Rehabilitation, et al., Gastelo, Ward,, Asuncion, Florecky, Phillips, Scheiffele, Esquerra
Neah HuynhOffice of the Attorney General State of California, Respondent
Neah HuynhOffice of the Attorney General State of California, Respondent
Robert R. Snyder
Robert R. Snyder — Petitioner
Robert R. Snyder — Petitioner