No. 22-6539

Israel Romero v. Allwell from Absolute Total Care, et al.

Lower Court: Fourth Circuit
Docketed: 2023-01-13
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appellate-review civil-procedure diversity-jurisdiction documentary-evidence federal-question pro-se pro-se-litigation rule-28-usc-1915 summary-judgment
Key Terms:
DueProcess
Latest Conference: 2023-05-18 (distributed 2 times)
Question Presented (AI Summary)

Whether a motion for summary judgment can be denied as premature

Question Presented (OCR Extract)

QUESTIONS PRESENTED This is the case the United States Supreme Court has been waiting for years to give light over three crucial issues never decided by any federal court of this country. Following are the three issues that certainly deserve to be heard by this Court. Therefore, certiorari should be granted: 1, Whether a motion for summary judgment supported by 76 pages of documentary evidence, can be properly denied “as premature” when the law states that the motion can be filed even at the commencement of the action? 2. Whether a civil complaint can be dismissed when is well pleaded and supported by 76 pages of documentary evidence —not contested by the four defendants, in application of Rule 28 USC § 1915 only because the action is litigated by plaintiff pro se in forma pauperis? 3. Whether the Fourth Circuit Court of Appeals committed reversible error by affirming the District Court’s decision on diversity of citizenship when the complaint was filed based upon federal question?

Docket Entries

2023-05-22
Rehearing DENIED.
2023-05-02
DISTRIBUTED for Conference of 5/18/2023.
2023-03-29
2023-03-20
Petition DENIED.
2023-03-02
DISTRIBUTED for Conference of 3/17/2023.
2023-02-22
Waiver of right of respondent Allwell from Absolute Total Care to respond filed.
2023-01-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 13, 2023)

Attorneys

Allwell from Absolute Total Care
Michael James BentleyBradley Arant Boult Cummings LLP, Respondent
Michael James BentleyBradley Arant Boult Cummings LLP, Respondent
Israel Romero
Israel Romero — Petitioner
Israel Romero — Petitioner