No. 22-6283

James R. Turner v. Federal Aviation Administration, et al.

Lower Court: Second Circuit
Docketed: 2022-12-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review civil-procedure civil-rights district-court-procedure due-process equitable-tolling jurisdiction-dismissal psychiatric-disability standing statute-of-limitations
Key Terms:
AdministrativeLaw DueProcess
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Whether the United States Court of Appeals was justified by DISMISSING Petitioner's appeal for lack of jurisdiction

Question Presented (OCR Extract)

Questions Presented for Review 1. Whether the United States Court of Appeals was justified by DISMISSING Petitioner’s appeal for lack of jurisdiction. 2. Whether the United States District Court of New York of the Eastern District erred when DISMISSING Petitioner’s complaint as untimely against the United States and the Port Authority concluding that Petitioner’s affirmation was “not responsive” because he failed to explain how his Psychiatric illness warranted equitable tolling of the Statute of Limitation. ii | LISTED PARTIES | Elizabeth Prelogare, Solicitor General of the United States, | Room 5616, Department of Justice, 950 Pennsylvania Ave., | N.W., Washington DC 20530-0001 , Cheryl Nancy Alterman, Esq., The Port Authority of New York & New Jersey Office of the General Counsel, 24th Floor 4 World Trade Center 150, Greenwich Street New York N.Y 10007 | FJ.C Security Services Inc., 3310 Queens Blvd Long Island , City, NY 11101 } | | | | | RELATED CASE James R. Turner Appellant, v. Federal Aviation Administration, Port Authority of New York and New Jersey, F.J.C Security Service Inc. 09-4518-cv United States Court of Appeals for the Second Circuit Mandate issued on 06/11/10.

Docket Entries

2023-02-21
Petition DENIED. Justice Sotomayor took no part in the consideration or decision of this petition.
2023-01-26
DISTRIBUTED for Conference of 2/17/2023.
2023-01-11
Waiver of right of respondent Federal Aviation Administration to respond filed.
2022-10-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 11, 2023)

Attorneys

Federal Aviation Administration
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
James R. Turner
James R. Turner III — Petitioner
James R. Turner III — Petitioner