No. 19-5662

Carter Stephens v. Marcelo Britto Gomez, et al.

Lower Court: Ninth Circuit
Docketed: 2019-08-22
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: attorney-misconduct civil-procedure civil-rights dismissal due-process henderson-factors judicial-intervention legal-ethics legal-malpractice sanctions standing state-bar state-bar-regulation
Latest Conference: 2020-01-10 (distributed 2 times)
Question Presented (from Petition)

1. The plaintiff Carter Stephens was not informed by the State Bar of the abhorrent record of the neglectful attorney he subsequently retained. This attorney destroyed his case, and left it in shambles. Why is it that the plaintiff/appellant Carter Stephens attorney Lori Smith is able to render these destructive actions and not be made resporisible for them? She has no malpractice insurance.

2. F.R.C.P. 9024 60(b)(1)(2)(3)(6) is a rule that was established by the courts to address the unfair dismissal of clients cases by neglectful attorneys. This would bring the case back from denial, and or dismissal to the lower court to have the case finally be heard on its merits. Tani vs Cmty Dental, Lal vs State of Calif. Why is it that plaintiff Stephens who encountered the same, if not worse neglect and abandonment conditions than Tani or Lal, with his attorney, deserve the same privilege?

3. Why has this attorney Lori Smith been allowed to continue this debase pattern of abuse and neglect, not just with plaintiff Carter Stephens, but also before him, with 4 other clients in a destruction of their cases as well, and is still practicing? Conduct that plaintiff/appellant Stephens was not made aware of before his retaining of this attorney.

4. In being well aware of the conduct of this attorney in the case of plaintiff/appellant Stephens, why have the courts continued to ignore any type of repair or relief that they could give to client Carter Stephens? Actually supporting this attorney Smith in her debase, neglectful ways.

5. Why weren't the Hendersen Factors, and "less drastic sanctions" applied when the judge first noticed problems with plaintiff Stephens attorney?

6. Why is plaintiff/appellant Stephens being treated in this fashion with no relief?

Question Presented (AI Summary)

Why was plaintiff Carter Stephens not informed by the State Bar of the neglectful attorney's record he retained?

Docket Entries

2020-01-13
Rehearing DENIED.
2019-12-11
DISTRIBUTED for Conference of 1/10/2020.
2019-11-25
Petition for Rehearing filed.
2019-11-04
Petition DENIED.
2019-10-10
DISTRIBUTED for Conference of 11/1/2019.
2019-09-23
Waiver of right of respondent United States to respond filed.
2019-08-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 23, 2019)

Attorneys

Carter Stephens
Carter Stephens — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent