| 25-169 |
Clifford A. Lowe, et al. v. ShieldMark, Inc., et al. |
Federal Circuit |
2025-08-12 |
Denied |
Response Waived |
advisory-opinion alternative-ruling appellate-review dismissal-with-prejudice judicial-power subject-matter-jurisdiction |
(1) Whether a district court, after first deciding it lacks subject matter jurisdiction and dismissing with prejudice a cause of action, retains the p… |
| 24-1138 |
Rafael Beltre v. Fit Guys Walk, LLC, dba Planet Fitness |
Eleventh Circuit |
2025-05-07 |
Denied |
Relisted (2) |
case-management civil-rights dismissal-with-prejudice due-process jurisdiction section-1983 |
Opposing counsels ' motion to dismiss on misnomer Cause of action.
The district courts discretion in determining factors on appointing counsel.
Case… |
| 24-6921 |
Benjamin Kohn v. State Bar of California, et al. |
Ninth Circuit |
2025-04-03 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2)IFP |
dismissal-with-prejudice federal-procedure jurisdictional-challenge rule-12b1 sovereign-immunity subject-matter-jurisdiction |
In Wis. Dep't of Corr. v. Schacht, 524 U.S. 381, 391 (1998), this Court noted it hasn't yet decided whether sovereign immunity implicates subject matt… |
| 24A187 |
Aisha Wright v. Transportation Communication Union/IAM |
Fifth Circuit |
2024-08-20 |
Presumed Complete |
|
dismissal-with-prejudice district-court fifth-circuit ineffective-counsel pro-se res-judicata |
Question not identified. |
| 23-6306 |
Devon Austin Earl v. Brandon Harris, et al. |
Third Circuit |
2023-12-19 |
Denied |
IFP |
civil-rights dismissal-with-prejudice due-process false-arrest forma-pauperis jurisdiction jurisdictional-challenge pro-se-litigation statute-of-limitations university-police |
Petitioner, employed for 20 years at the University of Delaware, was arrested 1.
by University Police, under allegations of driving without insurance,… |
| 23-5733 |
Donald D. Higgs v. New Jersey Department of Corrections, et al. |
Third Circuit |
2023-10-10 |
Denied |
IFP |
appellate-review civil-procedure civil-rights constitutional-rights court-procedure dismissal-with-prejudice due-process judicial-review legal-issue standing statutory-interpretation |
1. Was the district court's dismissal with prejudice of defendant's lack of standing improper?
2. Did the United States Court of Appeals fail to have… |
| 23-40 |
Brenda Bellay v. Officer Tyler Shue, et al. |
Eleventh Circuit |
2023-07-14 |
Denied |
Relisted (2) |
appellate-review civil-procedure dismissal-with-prejudice evidentiary-standards flury judicial-sanctions less-severe-sanctions sanctions spoilation-of-evidence spoliation-of-evidence |
In considering the standards set forth in Flury, should a Court of Appeals uphold the dismissal of a case with prejudice due to the spoilation of evid… |
| 22-7617 |
David Anthony Battle v. United States |
Ninth Circuit |
2023-05-23 |
Denied |
Response WaivedIFP |
barker-factors constitutional-rights covid-19 covid-19-delay dismissal-with-prejudice due-process jury-trial pretrial-incarceration sixth-amendment speedy-trial |
1. Whether the district court failed to make proper ends of justice findings to justify a sixteen month delay in the trial based upon pronouncements c… |
| 22-6550 |
Alla Zorikova v. Julie Pyle, et al. |
Nevada |
2023-01-17 |
Denied |
IFP |
civil-procedure civil-rights constitutional-rights court-order dismissal-with-prejudice due-process fair-trial judicial-procedure recusal standing |
1. Whether Alla Zorikova was denied her constitutional right to due process and fair trial in the court.
2. Whether the Court egregiously erred in fi… |
| 22-6454 |
Christine Chang v. Ezery Beauchamp, Captain and Commander for California Highway Patrol, et al. |
Ninth Circuit |
2023-01-04 |
Denied |
Response WaivedIFP |
42-usc-1983 abuse-of-discretion civil-rights dismissal dismissal-with-prejudice due-process fourteenth-amendment ninth-circuit pro-se section-1983 |
Whether the Ninth Circuit violates Petitioner's Fourteenth Amendment due process rights when it decides in a civil rights action under 42 U.S.C. Secti… |
| 22-408 |
Alice Guan v. Ellingsworth Residential Community Association, Inc. |
Eleventh Circuit |
2022-11-01 |
Denied |
|
adversary-proceeding appellate-review bankruptcy-court-order bankruptcy-estate bankruptcy-jurisdiction bankruptcy-procedure dismissal-with-prejudice final-order judicial-activity standing |
1. Whether district court's order dismissing case 6:20ap-55 with prejudice is a final order that Eleventh Circuit must review.
2. Whether both distri… |
| 22-5316 |
Antwan Criswell v. United States |
Sixth Circuit |
2022-08-09 |
Denied |
Response WaivedIFP |
18-usc-3161 18-usc-3262 court-congestion dismissal-with-prejudice due-process judicial-delay speedy-trial speedy-trial-act statutory-interpretation |
Since the presimption of prejudice exists in a Speedy Trial Violation under 18 U.S.C. §3262, and the Sanction is Dismissal with Prejudice for said vio… |
| 22-72 |
Jerald Hammann v. Wells Fargo Bank, N.A. |
Minnesota |
2022-07-26 |
Denied |
Response Waived |
appellate-review civil-procedure constitutional-rights dismissal-with-prejudice due-process judicial-procedure law-of-case law-of-the-case lower-court-jurisdiction rule-60.02 |
The first question presented is whether a lower
court is obligated to abide by the law of the case even
if it claims the appellate court erred.
The… |
| 21-6854 |
Joe Byrd v. Bank of New York Mellon, fka Trustee for the Benefit of Alternative Loan Trust 2007-J1 Mortgage Pass-Through Certificates, et al. |
Fifth Circuit |
2022-01-14 |
Denied |
IFP |
civil-procedure court-jurisdiction dismissal dismissal-with-prejudice due-process equal-protection federal-statute subject-matter-jurisdiction |
Is it an error, a violation of federal statute, and an impermissible denial of due process of law and equal protection of law for a court without subj… |
| 21-6460 |
Truman Jones v. United States |
Third Circuit |
2021-11-30 |
Denied |
Response WaivedIFP |
criminal-procedure dismissal-with-prejudice due-process judicial-discretion prejudice remand sixth-amendment speedy-trial speedy-trial-act statutory-interpretation |
1. Whether the district court's refusal to accurately compute the extent of a Speedy Trial Act violation and to consider the government's district wid… |
| 21-737 |
David Saxon Bagley, Individually and as Representative of the Estate of Jeremiah Ray Bagley v. Ramona Rogers, M.D., et al. |
Texas |
2021-11-18 |
Denied |
Response Waived |
42-usc-1983 civil-rights dismissal-with-prejudice excessive-force expert-report mandatory-dismissal medical-liability preemption section-1983 state-healthcare state-healthcare-institutions |
Whether the Texas Medical Liability Act's expert report and mandatory sanction of dismissal with prejudice for failure to serve an expert report provi… |
| 21-604 |
Stephen Kantos v. Leonard Major, et al. |
Michigan |
2021-10-26 |
Denied |
Response Waived |
civil-rights constitutional-right court-of-appeals dismissal-with-prejudice due-process jury-trial legal-sanction sanctions standing vicencio-v-ramirez |
1. Did the court of appeals manifestly err in affirming the trial court's erroneous order that denied plaintiff his constitutional right to a jury tri… |
| 21-5752 |
Ivan Alexandrovich Vetcher v. Immigration and Customs Enforcement, et al. |
Fifth Circuit |
2021-09-22 |
Denied |
Response WaivedIFP |
access-to-court civil-rights controlled-substances court-access-rights deportation-challenge dismissal-with-prejudice due-process immigration immigration-law pleadings pro-se pro-se-pleading |
Did DC and COA properly apply the requirements for pleadings as applied in most circuits?
Did DC and COA deny Vetcher's right to amend? |
| 21-5187 |
Patricia A. McColm v. Trinity County, California, et al. |
Ninth Circuit |
2021-07-22 |
Dismissed |
IFP |
access-to-courts appointment-of-counsel civil-rights constitutional-rights court-access disability-accommodation disability-accommodations dismissal-with-prejudice due-process pre-filing-order pro-se |
1. To avoid erroneous deprivation of constitutional rights, including right of access to
the court; should this Court determine that pro se plaintiff … |
| 21-5170 |
Patricia A. McColm v. California, et al. |
Ninth Circuit |
2021-07-22 |
Dismissed |
IFP |
appointment-of-counsel civil-rights counsel-appointment court-procedure disability-accommodation dismissal-with-prejudice due-process exceptional-circumstances judicial-discretion medically-verified-limitations ninth-circuit standing |
1. Did the Ninth Circuit err in not finding an appropriate issue for appeal, where the
magistrate judge failed to find that medically verified permane… |
| 20-1600 |
Sae Han Sheet Co., Ltd. v. Eastman Performance Films, LLC |
Fourth Circuit |
2021-05-18 |
Denied |
Response Waived |
access-to-courts civil-procedure contract-action dismissal dismissal-with-prejudice due-process judicial-sanctions legal-procedure sanctions warnings |
1. The district court below dismissed Petitioner's complaint with prejudice based upon a false representation made by Respondent and without providing… |
| 20-6853 |
Dora L. Adkins v. Dulles Hotel Corporation |
Fourth Circuit |
2021-01-13 |
Dismissed |
Response WaivedIFP |
28-usc-1332 civil-procedure corporate-citizenship dismissal-with-prejudice diversity-jurisdiction headquarters nerve-center principal-place-of-business standing subject-matter-jurisdiction |
Whether, for purposes of determining principal place of business for diversity jurisdiction citizenship under 28 U.S.C. § 1332, a court can disregard … |
| 20-924 |
David G. Bowser v. United States |
District of Columbia |
2021-01-11 |
Denied |
Response Waived |
18-usc-1001 criminal-concealment dismissal-with-prejudice false-statement federal-rules-criminal-procedure federal-rules-of-criminal-procedure judgment-of-acquittal legal-duty material-fact motion-for-judgment-of-acquittal |
Whether the legal duty to disclose, required for a criminal concealment of a material fact, 18 U.S.C. § 1001(a)(1), can be created by coupling a volun… |
| 20-724 |
Donovan Middleton, et al. v. Complete Nutrition Franchising, LLC, et al. |
Eighth Circuit |
2020-11-25 |
Denied |
|
circuit-split civil-procedure dismissal-with-prejudice judicial-discretion motion-to-amend post-judgment-motion rule-12b6 rule-59e standard-of-review |
The Eighth Circuit affirmed the District Court's judgment granting Defendants' Motion to Dismiss and, thereafter, denied Petitioners' Motion to Alter … |
| 20-625 |
Joseph Findler v. Christopher Wray, Director, Federal Bureau of Investigation, et al. |
Sixth Circuit |
2020-11-10 |
Denied |
Response Waived |
civil-procedure constitutional-claims dismissal-with-prejudice entitlement-to-relief federal-rules iqbal-twombly pleading-standards subject-matter-jurisdiction unconstitutional-conduct |
Do the lower federal courts have the authority to depart from the pleading standards required by the Federal Rules of Civil Procedure and this Court's… |
| 19-8405 |
Irvin Reyes v. Kaiser Permanente |
Ninth Circuit |
2020-05-06 |
Denied |
IFP |
civil-procedure dismissal-with-prejudice due-process inadequate-representation judgment-on-merits pro-se pro-se-litigation res-judicata rule-12b6 standing |
(1) The courts have held that, unless otherwise specified, a dismissal for failure to state a claim under Rule 12(b)(6) is presumed to be both a Judgm… |
| 19-958 |
Bahar Mikhak v. University of Phoenix, Inc. |
Ninth Circuit |
2020-01-30 |
Denied |
Response Waived |
clear-and-convincing-evidence counsel-negligence dismissal-with-prejudice fraud-on-court fraud-on-the-court frcp-60(b)(3) frcp-60b new-trial pro-se-litigant procedural-due-process |
Fraud on the Court:
Plaintiff discovered fraudulent and material
misrepresentation perpetrated by the opposing party.
However, the district court is… |
| 19-799 |
Streambend Properties II, LLC, et al. v. Ivy Tower Minneapolis, LLC, et al. |
Minnesota |
2019-12-23 |
Denied |
Response Waived |
civil-procedure constitutional-rights dismissal-with-prejudice due-process equal-protection failure-to-state-claim jury-trial jury-trial-rights pleadings standing |
The first question presented is whether the lower court erred in dismissing with prejudice Petitioners' claims for failing to state a claim for which … |
| 19-7009 |
Daniel Rosario-Gonzalez v. United States |
First Circuit |
2019-12-19 |
Denied |
Response WaivedIFP |
appeal appellate-review case-disposition civil-procedure dismissal dismissal-with-prejudice district-court judicial-authority jurisdiction prejudice procedural-error standing subject-matter-jurisdiction |
WHETHER A DISTRICT COURT WHICH HAD NO JURISDICTION OVER A CASE
DISMISS IT WITH PREJUDICE AND,
WHETHER AN APPEAL COURT AFFIRM THAT DISMISSAL WITH PREJU… |
| 19-6905 |
John Alan Conroy v. Cliff Harris, Sheriff, Pecos County, Texas, et al. |
Texas |
2019-12-11 |
Denied |
Response WaivedIFP |
appellate-court-consideration-of-evidence appointment-of-counsel brady-v-maryland brady-violation continuing-duty-of-federal-government criminal-procedure discovery discovery-rules dismissal-with-prejudice due-process evidence-withholding federal-rules-of-criminal-procedure in-camera-review michael-morton-act plea-agreement plea-bargaining rule-16-federal-rules-of-criminal-procedure state-law-enforcement state-law-enforcement-compliance |
(1) After a. criminal defendant's plea of guilty, if it is later
found that the government did not live up to the requirements
- of discovery, is the… |
| 19-596 |
Sandra G. Hale v. United States, et al. |
Fifth Circuit |
2019-11-07 |
Denied |
Response Waived |
administrative-claim civil-procedure continuing-tort-doctrine dismissal-with-prejudice federal-tort-claims-act medical-malpractice standing statute-of-limitations |
Petitioner and veteran Ms. Hale, sued under 28 U.S.C. § 1346, Federal Tort Claims Act for injuries caused by Veteran's Administration x-ray technician… |
| 19-355 |
Kohlberg Ventures, LLC v. Peter Wojciechowski |
Ninth Circuit |
2019-09-17 |
Denied |
Response Waived |
civil-procedure claim-splitting court-authorization dismissal-with-prejudice judicial-authorization litigation-scope non-parties res-judicata settlement-agreement single-employer single-enterprise |
Under federal rules of res judicata, when a lawsuit is dismissed with prejudice by agreement, should a term of the agreement that purports to allow th… |
| 19-179 |
Naora Ben-Dov v. Shoshana Zelda Sragow, aka Stacy Suzanna Sragow, et al. |
Ninth Circuit |
2019-08-08 |
Denied |
Response Waived |
civil-procedure civil-rights complaint-dismissal continuous-accrual court-discretion criminal-law criminal-offenses dismissal-with-prejudice due-process judicial-review pleadings procedural-violation statute-of-limitations |
1. Should an action based on multiple civil and criminal offenses be considered from the first instance? The last known instance of a transgression? O… |
| 18-8062 |
Saundra Taylor v. District of Columbia Department of Employment Services |
District of Columbia |
2019-02-25 |
Denied |
Response WaivedRelisted (2)IFP |
abuse-of-discretion administrative-law appellate-procedure appellate-review discretionary-review dismissal-with-prejudice due-process judicial-deference judicial-review standard-of-review substantial-evidence |
Whether memorandum and opinion is not supported by substantial evidence in the record, is not in accordance to the law and an abused of discretion.
W… |
| 18-739 |
Trevor Wallace v. Tennessee |
Tennessee |
2018-12-10 |
Denied |
Response Waived |
appellate-review case-revival constitutional-compliance dismissal-with-prejudice double-jeopardy due-process fifth-amendment judicial-discretion jury jury-trial lee-v-us res-judicata |
May a state appellate court revive a case that was dismissed with prejudice after a jury was sworn merely because the appellate court disagrees with t… |
| 18-5758 |
Annamalai Annamalai v. Parvathi Sivanadiyan |
Fifth Circuit |
2018-08-24 |
Denied |
IFP |
civil-procedure civil-procedure-68 dismissal dismissal-with-prejudice federal-rule-68 federal-rule-civil-procedure federal-rules frivolous frivolous-complaint judgment-offer mailbox-rule offer-and-acceptance offer-of-judgment prejudice prison-mailbox-rule prisoner-filing |
Whether a district court can dismiss a complaint filed under 9 U.S.C.4 as frivolus and can dismiss with prejudice, after " the' mailing " of an "uncon… |