No. 21-6359

Corey J. Zinman v. Nova Southeastern University, Inc., et al.

Lower Court: Eleventh Circuit
Docketed: 2021-11-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-jurisdiction appellate-review civil-procedure court-access federal-magistrate-judges injunctive-relief judicial-administration judicial-jurisdiction magistrate-judges statutory-authority
Key Terms:
AdministrativeLaw Privacy JusticiabilityDoctri
Latest Conference: 2022-01-14
Question Presented (from Petition)

1. Whether magistrate judges exceed the scope of their statutory authority by issuing orders which have the practical effect of granting or refusing injunctive relief.

2. Whether the panel's decision to dismiss Zinman's appeal, sua sponte, for lack of jurisdiction conflicts with this Court's binding precedent set forth in Glidden Co. v. Zdanok, 370 U.S. 530(1962), as well as several decisions which are also binding upon the Eleventh Circuit, including United States v. Schultz, 565 F.3d 1353 (11th Cir. 2009), U.S. v. Desir, 257 F. 3d 1233 (11th Cir. 2001), U.S. v. Maragh, 189F.3d 1315 (11th Cir. 1999), andNettles v. Wainwright, 677 F.2d 404 (5th Cir. Unit B 1982).

3. Whether the panel's determination that it lacks jurisdiction to review the July 14th order conflicts with the binding precedent set forth by this Court in Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949).

4. Whether the panel's determination that it lacks jurisdiction to review the July 14th order conflicts with the binding precedent set forth by this Court in Carson v. American Brands, Inc., 450 U.S. 79, 84 (1981) and Baltimore Contractors, Inc. v. Bodinger, 348 U.S. 176, 181 (1955).

5. Whether and to what extent litigants must be guaranteed access to courts, especially those challenging mask mandates upon religious grounds, during the so-called "COVID-19 pandemic."

6. Whether and to what extent litigants are entitled to the discovery of admissible evidence.

Question Presented (AI Summary)

Whether magistrate judges exceed their statutory authority by issuing orders with the practical effect of granting or refusing injunctive relief

Docket Entries

2022-01-18
Petition DENIED.
2021-12-30
DISTRIBUTED for Conference of 1/14/2022.
2021-12-21
Reply of petitioner Corey J. Zinman filed. (Distributed)
2021-12-16
Waiver of right of respondent Miami-Dade County to respond filed.
2021-12-16
Brief of respondents Nova Southeastern University, Inc., et al. in opposition filed.
2021-11-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2021)

Attorneys

Corey J. Zinman
Corey J. Zinman — Petitioner
Miami-Dade County
Zachary Edward VosselerMiami-Dade County Attorney's Office, Respondent
Nova Southeastern University, Inc., et al.
Thomas F. PanzaPanza Maurer, Respondent