No. 22-6059

Maurice Oparaji v. Municipal Credit Union

Lower Court: Second Circuit
Docketed: 2022-11-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split civil-procedure de-novo-review due-process electronic-fund-transfer-act rule-12(b)(6) rule-12b6 standing summary-judgment supplemental-jurisdiction
Latest Conference: 2023-01-06
Question Presented (from Petition)

1. Whether the district court erred in dismissing Oparaji's complaint under Fed. R. Civil P. 12(b) (6), alleging that .Oparaj i sets no factual allegations in support of his claim that would entitle him to relief.

2. Whether the district court erred in dismissing Oparaji's action for failure to state a claim under the Electronic Fund Transfer Act (EFTA).

3. Whether the district court erred in denying Oparaji's motion for partial summary judgment.

4. Whether the district court erred in holding that .Oparaj i sets no factual allegations in support of his claim that would entitle him to relief.

5. Whether any of the district court's procedural and evidentiary rulings constituted abuse of discretion requiring reversal of the judgment.

6. Whether Oparaji 's complaint gives Municipal Credit Union (MCU) fair notice of what the Oparaji 's claim is and the ground upon which it rests.

7. Whether the Second Circuit failed to review a district court's dismissals under Rule 12(b) (6) de novo and decisions to abstain from exercising supplemental jurisdiction.

Question Presented (AI Summary)

Whether the district court erred in dismissing Oparaji's complaint

Docket Entries

2023-01-09
Petition DENIED.
2022-12-08
DISTRIBUTED for Conference of 1/6/2023.
2022-11-29
Waiver of right of respondent Municipal Credit Union to respond filed.
2022-08-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 19, 2022)
2022-08-11
Application (22A116) granted by Justice Sotomayor extending the time to file until September 1, 2022.
2022-08-01
Application (22A116) to extend the time to file a petition for a writ of certiorari from August 16, 2022 to October 15, 2022, submitted to Justice Sotomayor.

Attorneys

Maurice Oparaji
Maurice Oparaji — Petitioner
Municipal Credit Union
Brian GitnikLitchfield Cavo, LLP, Respondent