No. 25-6307

Carl Sidney Race v. Montana State Prison Infirmary, et al.

Lower Court: Ninth Circuit
Docketed: 2025-12-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure district-court magistrate-authority motion-to-dismiss personal-involvement rule-12b6
Key Terms:
SocialSecurity DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2026-01-16
Question Presented (from Petition)

1. Does a U.S. Magistrate Judge have the authority under 28 U.S.C. § 636(c) to supersede an Order of the Article III U.S. District Court Judge that denied the Defendants Motion to Dismiss under F.R.Civ.P. 12(b)(6) because the Plaintiff did not provide specific facts to show defendant/s personal involvement, with an Order granting defendant's motion to dismiss because the Plaintiff did not provide specific facts to show defendant/s person involvement?

2. Did the Ninth Circuit Court of Appeals err in affirming the District Court's denial of Plaintiff's Motion to Compel^Dis covery that was past due according to the Scheduling Order that would have provided the necessary facts to show personal in- volement of the defendant's before dimissing the case?

3. Did the Ninth Circuit Court of Appeals err in affirming the District Court's denial to Plaintiff's request 'for service on the additional defendant's after permission to proceed informa- pauperis was granted?

4. Did the lower courts err by holding the plaintiff to a higher standard of pleading to survive a F.R.Civ.P. Rule. 12(b)(6) motion to dismiss than is required by U.S. Supreme Court and Ninth Circuit precedent case-law?

Question Presented (AI Summary)

Whether a U.S. Magistrate Judge can supersede an Article III District Court Judge's order denying a motion to dismiss under Rule 12(b)(6) when the plaintiff lacks specific facts showing personal involvement

Docket Entries

2026-01-20
Petition DENIED.
2025-12-31
DISTRIBUTED for Conference of 1/16/2026.
2025-12-30
Waiver of right of respondent MT State Prison Infirmary, et al. to respond filed.
2025-11-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 7, 2026)

Attorneys

Carl Sidney Race
Carl Sidney Race — Petitioner
MT State Prison Infirmary, et al.
Michael Glenn BlackRisk Management and Tort Defense, State of MT, Respondent