No. 25-892

Robert James Cornett v. United States District Court for the Eastern District of Michigan

Lower Court: Sixth Circuit
Docketed: 2026-01-29
Status: Pending
Type: Paid
Response Waived
Tags: court-of-appeals judicial-procedure mandamus petition-for-rehearing procedural-due-process supreme-court-rules
Latest Conference: N/A
Question Presented (AI Summary)

Whether a court of appeals may refuse to accept a timely petition for panel rehearing by clerk correspondence rather than judicial order, contrary to federal rules and Supreme Court rules

Question Presented (from Petition)

1. Whether a court of appeals may, by clerk correspondence rather than judicial order, refuse to accept for filing or to docket a timely petition for panel rehearing —contrary to FRAP 25(a)(4) and 40(d)(1) —thereby departing from the accepted and usual course of judicial proceedings under Supreme Court Rule 10(a). 2. Whether, by foreclosing filing and leaving no judicial rehearing order, a court of appeals may defeat the operation of Supreme Court Rule 13.3 and thereby preclude review absent this Court ’s supervisory intervention. i

Docket Entries

2026-02-03
Waiver of Michigan Secretary of State Jocelyn Benson of right to respond submitted.
2026-02-03
Waiver of right of respondent Michigan Secretary of State Jocelyn Benson to respond filed.
2026-01-19
Petition for a writ of certiorari filed. (Response due March 2, 2026)

Attorneys

Michigan Secretary of State Jocelyn Benson
Ann Maurine ShermanMichigan Department of Attorney General, Respondent
Ann Maurine ShermanMichigan Department of Attorney General, Respondent
Ann Maurine ShermanMichigan Department of Attorney General, Respondent
Robert J. Cornett
Robert James Cornett — Petitioner
Robert James Cornett — Petitioner
Robert James Cornett — Petitioner
USDC ED MI
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent