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