No. 23-656

Arthur Lee Hairston, Sr. v. Department of Veterans Affairs Martinsburg, et al.

Lower Court: Fourth Circuit
Docketed: 2023-12-18
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure court-of-appeals default-judgment due-process legal-procedure procedural-due-process service-of-process show-cause-order summary-judgment united-states-marshal-service
Key Terms:
DueProcess EmploymentDiscrimina Jurisdiction JusticiabilityDoctri
Latest Conference: 2024-02-16
Question Presented (AI Summary)

Whether the Court of Appeals decision denying procedural due process was an error of law?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Court of Appeals decision denying procedural due process in acquiesce to the district court’s refusal to properly analyze and adjudicate Petitioner’s summary judgment motion after the defendants defaulted was in fact an error of law? 2. Whether the Court of Appeals decision in acquiesce to the district court’s issuance of a show cause order 15 days after the defendant’s response, was due, was an error of law, when the defendant (DVA) failed to answer the complaint and enter an appearance after being officially served by the United States Marshal Service?

Docket Entries

2024-02-20
Petition DENIED.
2024-01-31
DISTRIBUTED for Conference of 2/16/2024.
2024-01-16
Waiver of right of respondent Federal Party to respond filed.
2024-01-05
Waiver of right of respondent National Association of Government Employees, Susan Anderson, Sarah E. Suszczyk to respond filed.
2022-10-13
Petition for a writ of certiorari filed. (Response due January 17, 2024)

Attorneys

Arthur L. Hairston
Arthur L. Hairston Sr. — Petitioner
Arthur L. Hairston Sr. — Petitioner
Federal Party
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
National Association of Government Employees, Susan Anderson, Sarah E. Suszczyk
Keith R. BolekO'Donoghue & O'Donoghue, Respondent
Keith R. BolekO'Donoghue & O'Donoghue, Respondent