No. 25A531

John Koe, aka Nicholas Krudy v. University Hospitals Health System, Inc., et al.

Lower Court: Sixth Circuit
Docketed: 2025-11-07
Status: Application
Type: A
Tags: appellate-procedure jurisdictional-dismissal merits-determination party-presentation procedural-rule sua-sponte
Latest Conference: N/A
Question Presented (AI Summary)

Whether a federal appellate court can sua sponte dismiss a case without notice or opportunity to be heard when characterizing a procedural rule as jurisdictional

Question Presented (from Petition)

No question identified. : BACKGROUND On August 1, 2025, the Sixth Circuit entered judgment in No. 24-4035. No petition for rehearing was filed. A copy of that judgment is attached. GOOD CAUSE Good cause supports the modest extension requested: 1. Coordination with the companion Sixth Circuit judgment. On August 1, 2025, the Sixth Circuit entered a companion judgment in No. 24-3263. The two judgments present overlapping procedural features: a sua sponte dismissal entered before notice or an opportunity to be heard following the characterization of a procedural rule as jurisdictional; appellate treatment of any such error as harmless; denial of postjudgment relief; application of a form requirement that precluded a merits determination; and departures from the ordinary party-presentation framework (court-initiated resolution of threshold issues). Separate Rule 13.5 applications are being filed, one per judgment. A brief extension will permit aligned, neutral statements and cross-checks to avoid duplication or inconsistent positions and to promote administrative efficiency. Ongoing related litigation with compressed deadlines. In a related state-court matter, two final orders were journalized on October 20, 2025. Applicant faces ongoing timesensitive obligations and associated appellate steps to preserve rights, which diverted time from completing the petition by October 30 and will continue to require prompt filings and sustained attention during the requested extension to meet jurisdictional and procedural deadlines. 3. Applicant is proceeding pro se and continues to seek representation. A brief extension will facilitate careful, neutral preparation of his petition alongside related filings in the companion matter. This is Applicant’s first request for an extension and is not sought for purposes of delay. RELIEF REQUESTED Applicant respectfully requests that the time to file a petition for a writ of certiorari to review the judgment in No. 24-4035 be extended 60 days, from October 30, 2025 to December 29, 2025. Dated: October 30, 2025 Respectfully submitted, Mba leah Nicholas Krudy (appearing under the caption “John Koe” as in the court below) P.O. Box 527 Novelty, OH 44072-0527 Tel: (330) 732-5001 Email: john@johnkoe.org

Docket Entries

2025-11-07
Application (25A531) granted by Justice Kavanaugh extending the time to file until December 29, 2025.
2025-10-20
Application (25A531) to extend the time to file a petition for a writ of certiorari from October 30, 2025 to December 29, 2025, submitted to Justice Kavanaugh.

Attorneys

John Koe
John Koe — Petitioner
John Koe — Petitioner