No. 18-6407

Ong Vue v. Frank X. Henke, et al.

Lower Court: Tenth Circuit
Docketed: 2018-10-23
Status: Denied
Type: IFP
IFP
Tags: 42-usc-1983 civil-rights constitutional-challenge due-process equal-protection judicial-review parole parole-procedures section-1983 standing
Latest Conference: 2019-01-04
Question Presented (from Petition)

Whether the Tenth Circuit Court of Appeals ruling that Petitioner Vue "failed to state a claim" is in contrary to the holding of Wilkinson v. Dotson, 544 U.S. 74 (2005), where Petitioner Vue, under 42 U.S.C.A. § 1983, challenges the constitutionality of the Oklahoma state parole procedures on constitutional and statutory grounds.

Whether Petitioner Vue's 42 U.S.C.A. § 1983 claim on the crucial distinction between judicial review of substantive agency decisions and judicial review of the agency's compliance with the substantive requirements of Oklahoma Statutes title 57, § 332.7 (Supp. 2017) is cognizable to the Fourteenth Amendment of the United State's Constitution's "due process of law clause" and "equal protection of law clause."

Question Presented (AI Summary)

Whether the Tenth Circuit Court of Appeals ruling that Petitioner Vue failed to state a claim' is in contrary to the holding of Wilkinson v. Dotson

Docket Entries

2019-01-07
Petition DENIED.
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-09-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 23, 2018)

Attorneys

Ong Vue
Ong Vue — Petitioner