No. 18-834

Farzana Sheikh, et vir v. San Joaquin General Hospital

Lower Court: Ninth Circuit
Docketed: 2019-01-03
Status: Denied
Type: Paid
Tags: 28-usc-636 article-iii article-iii-standing civil-procedure civil-rights due-process injunctive-relief judicial-procedure magistrate magistrate-referral standing
Latest Conference: 2019-03-15
Question Presented (from Petition)

A federal court's "obligation" to hear and decide a case that implicates Constitutional and Civil Rights is "virtually unflagging". Parallel state-court proceedings do not detract from that obligation; Sprint Communications, Inc. v. Jacobs, 571 US 69 (2013)

Petitioners removed an action to the district court seeking injunctive and declaratory reliefs. Without even a cursory hearing, without any opposition by the defendants, the district court dismissed the action and wrote "the federal action shall be closed".

Furthermore, the Eastern District of California denies Article III standing to petitioners and to a class of individuals, in all actions including federal Civil Rights, via its Local Rule 302(c)(21); All matters including dispositive are referred to Magistrates even when consent is declined in writing.

Whether Local Rule 302 (c) (21) of Eastern District of California conforms with 28 U.S.C. § 636 and conforms with Article III Jurisprudence?

Alternatively, whether the district court has an obligation to hear the case?

Question Presented (AI Summary)

Whether Local Rule 302 (c) (21) of Eastern District of California conforms with 28 U.S.C. § 636 and conforms with Article III Jurisprudence?

Docket Entries

2019-03-18
Petition DENIED.
2019-02-20
DISTRIBUTED for Conference of 3/15/2019.
2018-10-20
Petition for a writ of certiorari filed. (Response due February 4, 2019)
2018-09-26
Application (18A223) granted by The Chief Justice extending the time to file until October 20, 2018.
2018-09-22
Application (18A223) to extend further the time from October 1, 2018 to October 20, 2018, submitted to The Chief Justice.
2018-08-29
Application (18A223) granted by The Chief Justice extending the time to file until October 1, 2018.
2018-08-18
Application (18A223) to extend the time to file a petition for a writ of certiorari from August 21, 2018 to September 30, 2018, submitted to The Chief Justice.

Attorneys

Sheikh Farzana, et al.
Farzana Sheikh — Petitioner