No. 23-53

Frederick Bates v. City of San Jose, California, et al.

Lower Court: Ninth Circuit
Docketed: 2023-07-21
Status: Denied
Type: Paid
Response Waived
Tags: access-to-courts collateral-estoppel constitutional-rights due-process frcp-60 law-of-the-case miscarriage-of-justice ninth-circuit res-judicata
Key Terms:
DueProcess Patent
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether the Ninth Circuit's ruling affirming the dismissal conflicts with SCOTUS precedent on FRCP 60 and independent actions

Question Presented (OCR Extract)

QUESTIONS PRESENTED The following questions are presented: Whether the Ninth Circuit’s ruling affirming the district court’s dismissal of Petitioner’s independent action on the basis of collateral estoppel and law of the case conflicts with this Court’s precedent that under FRCP 60, res judicata must at times yield to an independent action in order to prevent a grave miscarriage of justice. Whether the Ninth Circuit’s ruling affirming the district court’s declaration that Petitioner is a vexatious litigant, and subjecting Petitioner to a pre-filing screening order is arbitrary and capricious, and deprives Petitioner of his constitutional right of access to the courts, due process, equal protection of law, and equal treatment under the law. Ma at

Docket Entries

2023-10-02
Petition DENIED.
2023-08-02
DISTRIBUTED for Conference of 9/26/2023.
2023-07-26
Waiver of right of respondent City of San Jose, CA, et al. to respond filed.
2023-07-18

Attorneys

City of San Jose, CA, et al.
Malgorzata LaskowskaOffice of City Attorney, City of San Jose, Respondent
Malgorzata LaskowskaOffice of City Attorney, City of San Jose, Respondent
Frederick Bates
Frederick Bates — Petitioner
Frederick Bates — Petitioner