No. 21-5762

Hamid Michael Hejazi v. City of Eugene Police Department, et al.

Lower Court: Oregon
Docketed: 2021-09-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law appellate-procedure appellate-review civil-procedure court-jurisdiction due-process jurisdiction jurisdictional-dismissal legal-standing oregon-supreme-court service-of-process standing
Latest Conference: 2021-11-19
Question Presented (from Petition)

1) Does the Appellate Commissioner justified in dismissing Petitioner's appeal on the jurisdictional ground of lack of device of the service of appeal upon all adverse parties — when, as Petitioner made it clear in their filed notice appeal and has the, based on the fact Respondents not being adverse, they never having appeared in any lower circuit court hearing, nor in the 1956 statute proceeding (there being none ever having been served or summoned (the lower court case having been filed at all the beginning and denied ruling the deferred or waived application)?

2) Does the Oregon Supreme Court justified in refusing to grant review even though the appellate commissioner was completely arbitrary and injudiciously never by the law?

Question Presented (AI Summary)

Was the Appellate Commissioner justified in dismissing the appeal on jurisdictional grounds

Docket Entries

2021-11-22
Petition DENIED.
2021-11-03
DISTRIBUTED for Conference of 11/19/2021.
2021-10-22
Waiver of right of respondent State of Oregon to respond filed.
2021-08-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 25, 2021)

Attorneys

Hamid Michael Hejazi
Hamid Michael Hejazi — Petitioner
State of Oregon
Benjamin Noah GutmanOregon Department of Justice, Respondent