No. 25-638

Zhongxiao Michael Chen v. Michigan State University

Lower Court: Sixth Circuit
Docketed: 2025-12-04
Status: Denied
Type: Paid
Response Waived
Tags: circuit-split civil-procedure electronic-filing in-forma-pauperis prima-facie rule-12b6
Key Terms:
Environmental Arbitration ERISA SocialSecurity Securities EmploymentDiscrimina JusticiabilityDoctri
Latest Conference: 2026-01-16
Question Presented (from Petition)

1. Whether a civil action is "commenced " under
Federal Rule of Civil Procedure 3 when a complaint is
electronically delivered and date -stamped by the
court's filing system or only when the filing fee is paid
or leave to proceed in forma pauperis is granted —an
issue that has creat ed a circuit split and affect s
thousands of cases each year.

2. Whether the district court 's dismissal of an
employment discrimination complaint for failure to
plead a prima facie case under Rule 12(b)(6) conflicts
with Rule 8 and this Court's decision in Swierkiewicz
v. Sorema N. A. , 534 U.S. 506 (2002) , particularly
where the Sixth Circuit declined to consider the issue.

Question Presented (AI Summary)

Whether a civil action is 'commenced' under Federal Rule of Civil Procedure 3 when a complaint is electronically delivered and date-stamped by the court's filing system or only when the filing fee is paid or leave to proceed in forma pauperis is granted

Docket Entries

2026-01-20
Petition DENIED.
2025-12-30
DISTRIBUTED for Conference of 1/16/2026.
2025-12-11
Waiver of right of respondent Michigan State University to respond filed.
2025-11-10
Petition for a writ of certiorari filed. (Response due January 5, 2026)

Attorneys

Michigan State University
Elizabeth M. WatzaMichigan State University, Respondent
Zhongxiao Michael Chen
William J. SelinskyWhitcomb, Selinsky, PC, Petitioner