No. 24-1096

James William Hall v. Dorain Davis, et al.

Lower Court: Sixth Circuit
Docketed: 2025-04-22
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure constitutional-rights court-extension default-judgment motion-to-dismiss summons-service
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2025-06-26
Question Presented (AI Summary)

Whether a judge can grant an extension for a defendant who has already violated the summons timeline in a civil action and failed to respond within the prescribed period

Question Presented (OCR Extract)

WHERE DEFENDANTS VIOLATES SUMMON IN CIVIL ACTION RULE 12(B)(4) OF THE FEDERAL RULES OF CIVIL PROCEDURE WITHIN 21 DAYS DEFENDANT ANSWERED IN 42 DAYS SERVED AND SIGNED FOR CERTIFIED AND COMPLAINT FILED ON JANUARY 10, 2023 NOW CAN DEFENDANT GET AN EXTENSION FROM THE JUDGE WHEN DEFENDANT IS ALREADY IN VIOLATION OF A SUMMONS OF A CIVIL ACTION. MUST THE COURT LET THE PLAINTIFF KNOW AND MUST THE PLAINTIFF HAVE A RIGHT TO AFFIDAVIT FROM THE DEFENDANT AND FILED WITH THE CLERK OF COURT. A DEFAULT JUDGEMENT WAS FILED BY PLAINTIFF JAMES WILLIAM HALL ON 3/8/2023 IS RIGHT THAT THE JUDGE MUST ANSWER TO A (MOTION) FILED IN THE COURT ON THIS MATTER BUT THE JUDGE REFUSED TO ANSWER TO THE IMOTION), BUT THE JUDGE GAVE AN EXTENSION AFTER 42 DAYS LATE IN A DEFAULT 3/14/2023. NOW COMES PLAINTIFF JAMES WILLIAM HALL (FILED) A (MOTION) TO THE LOWER COURT FOR A HEARING ON DISCOVERY DOCUMENTS FROM THE OTHER ATTORNEY. THE JUDGE DEPRIVED PLAINTIFF JAMES WILLIAM HALL OF THIS CONSTITUTION RIGHTS TO REPRESENT MYSELF IN COURT. (A)(1)(B) RASHAUNDA BOARD (LIED) UNDER (OAT). PETITIONER JAMES WILLIAM HALL ASK IF SHE WOULD TAKE A POLYGRAPH TEST DEFENDANTS AGREED TO IT BUT LOWER COURT DENIED. IS IT A CRIMINAL (THREAT) OR PENAL (B) CODE 422 P.C. VERBALLY WRITTEN OR ELECTRONIC COMMUNICATION DEFENDANT TO THIS CASE DORAIN DAVIS TO PETITIONER.

Docket Entries

2025-06-30
Petition DENIED.
2025-06-10
DISTRIBUTED for Conference of 6/26/2025.
2025-05-22
Waiver of right of respondent Honorable Alison Breaux to respond filed.
2025-05-21
Waiver of right of respondent Moriah K. Cheatham Williams to respond filed.
2024-02-15

Attorneys

Honorable Alison Breaux
Lisa M. ZaringMontgomery Jonson, LLP, Respondent
James W. Hall
James W. Hall — Petitioner
Moriah K. Cheatham Williams
Meleah M. SkillernLewis Brisbois Bisgaard & Smith, LLP, Respondent