No. 23-6313

In Re Jason D. Fisher

Lower Court: N/A
Docketed: 2023-12-21
Status: Denied
Type: IFP
IFP
Tags: appellate-jurisdiction appellate-procedure civil-procedure discovery due-process federal-jurisdiction judicial-discretion standing sua-sponte-dismissal
Key Terms:
AdministrativeLaw SocialSecurity DueProcess
Latest Conference: 2024-02-23
Question Presented (AI Summary)

Do appellate courts and district courts have authority to raise and decide issues without party input?

Question Presented (OCR Extract)

Questions Presented For Overcoming the 2" Circuit Objection see Section 2. SECTION 1. DO APPELLATE COURTS AND DISTRICT COURTS HAVE CARTE BLANCHE TO RAISE AND DECIDE IMPORTANT ISSUES IN A CASE WITHOUT EVER SEEKING THE INPUT OF ANY OF THE PARTIES TO IT AND/OR WITHOUT ALLOWING THE PLAINTIFF TO SERVE THE DEFENDANTS AND BEGIN DISCOVERY? SECTION 2. DOES A SUA SPONTE DISMISSAL PRIOR TO SERVICE AND DISCOVERY AS PRACTICED IN THE SOUTHERN DISTRICT AND 2ND CIRCUIT ALLOW THE PLAINTIFF AMPLE OPPORTUNITY TO ADDRESS THE ISSUES, PARTIES TO ARGUE THE CLAIMS AND THUS DENY THE RIGHT OF A PARTY TO DUE PROCESS? SECTION 3. , THESE CLAIMS CAN ONLY BE REVIEWED BY FEDERAL JURISDICTION DUE TO THE SUBJECT MATTER: SECTION 4. ARE THERE ARGUABLE CLAIMS THAT ARE BASED ON LAW AND FACT THAT ARE INDISPUTABLE TO OVERCOME THE DISTRICT COURTS “NO CLAIMS” AND 2ND CIRCUIT COURT OF APPEALS “NO ARGUABLE BASIS OF LAW OR FACT”? ; SECTION 5. RELIEF SOUGHT ix

Docket Entries

2024-02-26
Petition DENIED.
2024-02-08
DISTRIBUTED for Conference of 2/23/2024.
2023-10-12
Petition for a writ of mandamus and/or prohibition and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2024)

Attorneys

In Re Jason D. Fisher
Jason D. Fisher — Petitioner
Jason D. Fisher — Petitioner