No. 23-1356

Justin K. Holder v. Mark Duvall Thomas

Lower Court: Fourth Circuit
Docketed: 2024-06-28
Status: Denied
Type: Paid
Tags: civil-procedure civil-rights due-process federal-statute injunctive-relief pro-se standing sua-sponte subject-matter-jurisdiction
Key Terms:
DueProcess FourthAmendment Takings Immigration Jurisdiction
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Did the District Court judge error in law, or abuse his discretion when he sua sponte dismissed Petitioner's pro se complaint for lack of subject matter jurisdiction

Question Presented (OCR Extract)

QUESTION PRESENTED A. Did the District Court judge error in law, or abuse his discretion when he sua sponte dismissed Petitioner’s pro se complaint for lack of subject matter jurisdiction, where the complaint sought a declaration that Petitioner’s federally protected rights were violated, an injunction to prevent further irreparable harm, and damages; and/or by denying Petitioner’s timely request for leave to amend his pro se pleadings, to the extent they were inartfully drafted, or otherwise deficient, without providing this pro se Petitioner a few sentences to guide him in pleading his meritorious claims, brought under federal statute that expressly protects those specific rights? B. Can the United States Court of Appeals for the Fourth Circuit Panel improperly disregard the “general rule” that panels are bound by prior precedent decisions directly on point and only an en banc decision can overrule a precedent, as it is set forth in Loudon Leasing Dev. Co. v. Ford Motor Credit Co., when it overruled the mandatory Fourth Circuit authorities in Timmerman v. Brown, Gordon v. Leeke, and Laber v. Harvey, that are directly on point, and this courts authority in Foman v. Davis, and Erickson v. Pardus, that are also directly on point? i of ix

Docket Entries

2024-10-07
Petition DENIED.
2024-08-14
DISTRIBUTED for Conference of 9/30/2024.
2024-06-21
Petition for a writ of certiorari filed. (Response due July 29, 2024)

Attorneys

Justin Holder
Justin K. Holder — Petitioner