No. 23-6608

Mary M. Mooney v. United States

Lower Court: Fourth Circuit
Docketed: 2024-01-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 1st-amendment 5th-amendment civil-procedure constitutional-rights court-discretion due-process filing-procedure pro-se pro-se-litigant rule-59e-motion
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus Immigration JusticiabilityDoctri
Latest Conference: 2024-03-01
Question Presented (AI Summary)

Whether the trial court erred in denying petitioner's timely-filed Rule-59e-motion

Question Presented (OCR Extract)

QUESTIONS PRESENTED ARE 1. Whether the trial court erred by failing to accept petitioner’s 59e motion as timely filed where it had been received by clerk of court within time constraints as set forth in Fed.R.Civ.P. 5(d)(2), thus denying petitioner constitutional guarantees of the 1st, 5th, and 14 amendments of the US constitution? 2. Ifa pro se litigant submits a timely Rule 59(e) motion, and the presiding judge, upon inadvertently receiving it, consciously decides not to facilitate the filing process, thereby depriving the iitigant of the opportunity to potentially rectify errors of law or fact and appeal the court's judgment, is this action by the judge in violation of the litigant's constitutional rights to due process? 3. Whether the district court erred when determining the loss and restitution amounts for Petitioner’s sentence when the relative conduct used was not based on criminal conduct, specially when Petitioner's plea agreement only agreed to the use of restitution for victims harm by “criminal activity”. vi

Docket Entries

2024-03-04
Petition DENIED.
2024-02-15
DISTRIBUTED for Conference of 3/1/2024.
2024-02-08
Waiver of right of respondent United States to respond filed.
2024-01-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 29, 2024)
2023-12-15
Application (23A548) granted by The Chief Justice extending the time to file until January 26, 2024.
2023-12-14
Application (23A548) to extend the time to file a petition for a writ of certiorari from December 28, 2023 to January 26, 2024, submitted to The Chief Justice.

Attorneys

Mary M. Mooney
Mary Mooney — Petitioner
Mary Mooney — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent