No. 20-6413

Maxine Shepard v. Department of Veterans Affairs, et al.

Lower Court: Tenth Circuit
Docketed: 2020-11-24
Status: Denied
Type: IFP
Response WaivedRelisted (3)IFP
Tags: civil-procedure court-of-appeals due-process federal-rules-civil-procedure federal-rules-of-civil-procedure good-cause pro-se-litigant procedural-default service-of-process standing
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2021-04-16 (distributed 3 times)
Question Presented (from Petition)

1. Whether the COA improperly held- in conflict with
the decisions of other courts - that the Petitioner did
not show good cause to excuse any procedural default
in order to allow for a permissive extension to cure
failure of service in violation of Fed.R.Civ.P 4(i).

2. Whether the Tenth Circuit COA improperly held
that a good faith effort had not been shown by the
Petitioner to cure the failure in service when the
Courts ' own conduct contributed to the default in
mismanagement and errors in the case.

3. Whether the Tenth Circuit COA improperly held
that the Petitioner was expected to act on reissue of
service before being told to do so by the Court in a
lawful order.

4. Whether the COA improperly held that Federal
Express is not a permissible way to serve a federal
agency. See Fed. R. Civ. P 4(i)(2).

5. Whether the Court of Appeals (COA) improperly
held that Petitioner could not herself take the
packages to the mail facility because she is a party
relying on Fed. R. Civ. P 4(c)(2) which would put a
substantial burden on her as a pro se litigant.

6. Whether the 10th Circuit District erred or
mismanaged Petitioners ' case and showed favoritism
to outside interests such as Jones Day law firm
and/or interference from the President of the United
States.

Question Presented (AI Summary)

Whether the COA improperly held in conflict with other courts that the Petitioner did not show good cause to excuse procedural default and allow for a permissive extension to cure failure of service

Docket Entries

2021-04-19
Rehearing DENIED.
2021-03-31
DISTRIBUTED for Conference of 4/16/2021.
2021-03-24
Petition for Rehearing filed.
2021-03-08
Petition DENIED.
2021-02-18
DISTRIBUTED for Conference of 3/5/2021.
2021-02-01
Petitioner complied with order of January 19, 2021.
2021-01-19
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until February 9, 2021, within which to pay the docketing fee required by Rule 38(a).
2020-12-30
DISTRIBUTED for Conference of 1/15/2021.
2020-12-28
Waiver of right of respondents Dept. of Veterans Affairs, et al. to respond filed.
2020-11-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 28, 2020)

Attorneys

Maxine Shepard
Maxine Shepard — Petitioner
USDVA
Elizabeth B. PrelogarActing Solicitor General, Respondent