No. 23-5564

Trent Steven Griffin, Sr. v. United States District Court for the Northern District of Texas

Lower Court: Fifth Circuit
Docketed: 2023-09-13
Status: Denied
Type: IFP
IFP
Tags: abuse-of-discretion civil-procedure civil-rights constitutional-rights due-process federal-rules federal-rules-of-civil-procedure judicial-discretion jury-trial motion-to-dismiss procedural-misconduct standing
Key Terms:
SocialSecurity CriminalProcedure Privacy
Latest Conference: 2023-11-09
Question Presented (AI Summary)

Whether a judge had the power or authority to take certain actions in a civil rights case

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether Honorable Jorge Solis (retired), and now Honorable Ed Kinkeade, District Court Judge, had the power or authority or there was an abuse of discretion, not according to law, constitutional misconduct to enter the orders of November 13, 2014, March 20, 2015, February 24, 2016 or March 22, 2022, specifically: a. whether a judge has the power or authority to set aside a default, particularly when a request was made without leave of court or consent from the opposing party by an attorney outside the jurisdictional limits of the court in direct conlict with local rules or Federal Rules of Civil Procedure. b. whether a judge has the power or authority to strike a summons and amended complaint that were served on newly added parties within 120-days (now 90 days) in accordance with Rule 4(m) of the Fed. R. Civ. P. 4. : c. whether a judge has the power or authority to alter, modify, deny or stay all discovery in a civil and constitutional rights action in a demand for jury trial in direct conflict with Rules 26 38 of the Federal Rules of Civil Procedure. d. whether a judge has the power or authority to alter, modify or deny a jury trial that was demanded in an original complaint for civil and constitutional rights misconduct, for example under the laws for 42 U.S.C. §§ 1981, 1981(a), 1982, 1983, 1985, 1986 or 1988, Title VI of the CRA or Title VII of the CRA or Title I of the ADA or Title II of the ADA or section 504 of the RA of 1974 or otherwise supplemental claims or actions for ADEA or FMLA or FSLA or 1st, 4th, 13th or 14th Amendments. e. whether a judge has the power or authority to alter, modify, enlarge or deny any part thereof under Rules 4, 5, 12, 15, 55, 56 or 60 of the Federal Rules of Civil Procedure without valid bases or reason or justification, except as provided in the rules. f. whether a judge has the power or authority to grant a motion for judgment on the pleadings, when the pleadings are not closed in the case or the answer contained only admissions and denials and no 12(b) motions or affirmative defenses other than what is believed to be an illusory arbitration. g. whether a judge may overrule its order by allowing an opposing party to perform in direct conflict with an order of the court or the Federal Rules of Civil Procedure. h. whether a judge has the power or authority to grant a motion to dismiss that is filed outside the time required under Rule 12(a)(1)(A)(i) or its court orders or change the filing date of a document or does the service date become inapplicable under Rule 5(b)(1) and (b) (2)(C) for sevice of a pleading on an attorney that represents defendants and service is complete upon mailing in accordance with the Federal Rules of Civil Procedure.

Docket Entries

2023-12-21
Case considered closed.
2023-11-13
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until December 4, 2023, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2023-10-25
DISTRIBUTED for Conference of 11/9/2023.
2023-07-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 13, 2023)
2023-05-05
Application (22A968) granted by Justice Alito extending the time to file until July 23, 2023.
2023-04-26
Application (22A968) to extend the time to file a petition for a writ of certiorari from May 24, 2023 to July 23, 2023, submitted to Justice Alito.

Attorneys

Trent Steven Griffin
Trent Steven Griffin Sr. — Petitioner
Trent Steven Griffin Sr. — Petitioner
USDC ND TX
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent