No. 19-8287

Muhammad Toure v. California Department of Corrections and Rehabilitation

Lower Court: Ninth Circuit
Docketed: 2020-04-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law civil-procedure civil-rights constitutional-interpretation due-process federal-question judicial-review jurisdiction precedent-analysis standing statutory-interpretation
Key Terms:
ERISA
Latest Conference: 2020-05-28
Question Presented (from Petition)

(1) AGAINST FED.R.CIV.P 12(b)(6) AND 12(e)(6), WHAT IS THE SCOPE OF A COURT'S DISCRETION IN UPHOLDING A PLEADING THAT STATES A CLAIM FOR RELIEF IN LIGHT OF BELL ATLANTIC CORP. V. TWOMBLY (2007) AND ERICKSON V. PAROUS (2007)?

(2) Does FED.R.CIV.P. 12(e) PROVIDE A REMEDY FOR A DEFECT IN A PLEADING?

(3) CAN A COURT DISMISS DEFENDANTS WITHOUT ISSUING A NOTICE FOR SERVICE FILING A COMPLAINT OR GRIEVANCE?

(4) DOES AN EMPLOYEE'S ESTABLISHED GRIEVANCE PROCESS, CONSTITUTE PROTECTED ACTIVITY UNDER 42 U.S.C § 2000-3A WHEN THE COMPLAINANT OR GRIEVANT BELIEVES THEY ARE OPPOSING HARASSMENT AND DISCRIMINATION?

(5) IF A COURT'S ABUSE OF DISCRETION CAN BE SHOWN, IS SUMMARY JUDGMENT VALID?

Question Presented (AI Summary)

Whether the scope of a court's discretion in declining to exercise jurisdiction over a claim for relief in the absence of a federal question is limited by the Supreme Court's decision in Merrell Dow Pharmaceuticals Inc. v. Thompson, 478 U.S. 804 (1986)

Docket Entries

2020-06-01
Petition DENIED.
2020-05-13
DISTRIBUTED for Conference of 5/28/2020.
2020-04-29
Waiver of right of respondent California Department of Correctionas and Rehabilitation to respond filed.
2020-04-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 18, 2020)
2020-02-05
Application (19A873) granted by Justice Kagan extending the time to file until April 10, 2020.
2020-02-04
Application (19A873) to extend the time to file a petition for a writ of certiorari from February 10, 2020 to April 10, 2020, submitted to Justice Kagan.

Attorneys

California Department of Correctionas and Rehabilitation
Karen L. DonaldCalifornia Department of Justice, Office of the Attorney General, Respondent
Muhammad Toure
Muhammad Toure — Petitioner