No. 25-7006

Donnahue George v. Ken Griffin, et al.

Lower Court: Eleventh Circuit
Docketed: 2026-03-11
Status: Pending
Type: IFP
IFP
Tags: appellate-procedure excusable-neglect federal-rules-of-civil-procedure judicial-discretion motion-practice procedural-deadlines
Latest Conference: N/A
Question Presented (from Petition)

1. Whether Federal Rule of Civil Procedure 6(b)(1)(B) — which requires a motion and a
showing of "excusable neglect " to consider a filing after a deadline — may be bypassed
without motion or findings, thereby nullifying its mandatory gatekeeping function.

2. Whether a federal appellate court may allow Rule 12 dispositive motions to proceed
despite being untimely under Rule 12(a), without requiring defendants to move under
Rule 6(b) or show cause, effectively making the deadlines discretionary.

3. Whether permitting such silent deadline forgiveness introduces non-uniformity across
federal courts, undermining the purpose of the Federal Rules of Civil Procedure and
inviting widespread procedural abuse.

4. Whether a decision like this, published and indexed on govinfo.gov and PACER, has
nationwide persuasive authority and institutional impact, regardless of its "unpublished "
designation, warranting this Court 's intervention.

Question Presented (AI Summary)

Whether federal appellate courts may bypass mandatory procedural deadlines under Federal Rules of Civil Procedure 6(b)(1)(B) and 12(a) without requiring motions, findings of excusable neglect, or cause showings, thereby nullifying gatekeeping functions and creating non-uniform application across federal courts

Docket Entries

2026-01-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 10, 2026)

Attorneys

Donnahue George
Donnahue George — Petitioner