Israel Romero v. Allwell from Absolute Total Care, et al.
DueProcess
Whether a motion for summary judgment can be denied as premature
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?