No. 22-5322

Pernell Swahili El v. San Diego Unified School District

Lower Court: Ninth Circuit
Docketed: 2022-08-09
Status: Denied
Type: IFP
IFP
Tags: civil-procedure civil-rights constitutional-law due-process free-speech standing
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-10-07
Question Presented (AI Summary)

Whether the lower court erred in its interpretation of the First Amendment's free speech protections

Question Presented (OCR Extract)

No question identified. : | Os A Qupepron (8) PRESENTED 1. Whether the district court was required, under Fed R. Civ. P. 12(b)(6) to “-...construe the -_ complaint in a light most favorable to the plaintiff, accept all of the factual allegations as true, and determine whether the plaintiff undoubtedly can prove no set of facts in support of his claims oe that would entitle him to relief.’” Amadasu v. The Christ Hosp., 514 F.3d 504, 506 (6th Cir. 2008),quoting Columbia Natural Res., Inc. v. Tatum, 58 F.3d 1101, 1109 (6th Cir. 1995), 2. Whether the district court was required under Fed R. Civ. P. 12(F) to convert the Respondent’s motion into a summary judgment, under Rule 56, for not excluding matters outside of the pleadings that were accepted as true, by the district court? | 3. Whether the district court, under their abandonment argument, was required to meet the involuntary dismissal standard, under 41(b); and construed thorugh, Omstead v. Dell, minimal of four elements were to be satisfied; and whether the Petitioner’s initial responsive pleading was sufficient in addressing the Respondent’s assertions in their 12(b)(6) motion. 4. Whether the Petitioner under applicable treaty protection, can exercise his private right. ii PARTIES AND

Docket Entries

2023-01-19
Case considered closed.
2022-10-11
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until November 1, 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.
2022-09-22
DISTRIBUTED for Conference of 10/7/2022.
2022-08-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2022)

Attorneys

Pernell Swahili El
Pernell Swahili El — Petitioner