No. 25-5783

Tanya Spurbeck v. Midland Credit Management, Inc.

Lower Court: Nevada
Docketed: 2025-10-02
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: disability-rights due-process federal-claims indigent-litigants legal-representation supremacy-clause
Key Terms:
DueProcess
Latest Conference: 2025-12-12 (distributed 2 times)
Question Presented (from Petition)

As of April 26, 2024, there is required federal funding, signed by the Nevada Attorney General, to promise required legal representation to indigent and/or disabled litigants in civil cases (26 U.S.C. 501(c)(3), the Rehabilitation Act of 1973 Section 504, Title II of the Americans with Disabilities Act of 1990).

1. Before the lower court, the Nevada Supreme Court dismisses a case, the Nevada Supreme Court's screening process takes place which includes but is not limited to a certification process with the Nevada Attorney General. For the protection of the Supremacy Clause, the federal supremacy, and the Fifth Amendment of the Constitution in due process, shouldn't the lower court's dismissal be rejected if it avoids federal claims, and operates to the particular disadvantage of federal claims?

2. Merit is required to obtain legal representation and the nonmerits are a prerequisite to proceed with the review of the merits. For the protection of Supremacy Clause, the federal supremacy, and the Fifth Amendment of the Constitution in due process, shouldn't legal representation in a civil case focus on providing legal representation as a right, on the onset of the case when there is an indigent and disabled litigant involved, and the nonmerits are not communicated, litigated perfectly, with a disabled litigant, having communication barriers (mental incapabilities)?

Question Presented (AI Summary)

Whether a lower court's dismissal that avoids federal claims and disadvantages indigent and disabled litigants violates the Supremacy Clause and due process rights

Docket Entries

2025-12-15
Rehearing DENIED.
2025-11-25
DISTRIBUTED for Conference of 12/12/2025.
2025-11-10
Petition DENIED.
2025-11-10
Petition for Rehearing filed.
2025-10-23
DISTRIBUTED for Conference of 11/7/2025.
2025-10-08
Waiver of Midland Credit Management, Inc. of right to respond submitted.
2025-10-08
Waiver of right of respondent Midland Credit Management, Inc. to respond filed.
2025-08-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 3, 2025)

Attorneys

Midland Credit Management, Inc.
John Mathew NaylorNaylor & Braster, Respondent
Tanya Spurbeck
Tanya Spurbeck — Petitioner