Zhongxiao Michael Chen v. Michigan State University
Environmental Arbitration ERISA SocialSecurity Securities EmploymentDiscrimina JusticiabilityDoctri
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.
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