No. 18-5476

Abdul Hakiym Ismaiyl v. Fatimah D. Brown, et al.

Lower Court: Sixth Circuit
Docketed: 2018-08-07
Status: Denied
Type: IFP
IFP
Tags: abuse-of-discretion civil-procedure civil-procedure-52 clearly-erroneous due-process fabricated-facts fact-finding judicial-discretion pleadings rule-12b6 rule-52 rule-60
Latest Conference: 2018-10-05
Question Presented (from Petition)

Whether the fact finding process under Fed. R. Civ. Proc 52, allowing a court (judge) to present the facts of a case in their own words, also permit a court to fabricate or use- fabricated facts not found in the four corners of the pleading altering the issues; would the use of such facts be clearly erroneous and an abuse of discretion.

Whether a Circuit court abuses it discretion when it fails to review the record independently but defers to the Dist. Court, after being informed that the factual findings relied upon by the Dist. Court were fabricated, clearly erroneous, and not found in the record or pleadings.

Whether the deliberate presentation of a fabricated fact and reliance upon that fact by a judicial officer affecting the outcome of a federal proceeding warrants relief under Fed. R. Civ. Proc. 60(b)(6),or 60(d)(3).

Whether the application of Fed. R. 12(b)(6) for failure to state a claim is clearly erroneous when there has been no presentation of factual findings under R. 52 to test the legal sufficiency of the claim, or claims found within the pleadings.

Question Presented (AI Summary)

Whether the fact-finding process under Fed. R. Civ. P. 52 permits a court to fabricate or use fabricated facts not found in the pleadings, altering the issues

Docket Entries

2018-10-09
Petition DENIED.
2018-09-20
DISTRIBUTED for Conference of 10/5/2018.
2018-08-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 6, 2018)

Attorneys

Abdul H. Ismaiyl
Abdul Hakiym Ismaiyl — Petitioner