No. 21-6414

Charles Wayne Marietta v. Leanne LoBue, et al.

Lower Court: Ninth Circuit
Docketed: 2021-11-24
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: 8th-amendment civil-rights discovery due-process judicial-discretion medical-evidence medical-treatment summary-judgment
Key Terms:
Immigration
Latest Conference: 2022-05-19 (distributed 2 times)
Question Presented (from Petition)

Did the District Court of Arizona err in granting Summary Judgment for Defendants without meeting all the elements of Appellant's Original Complaint, i.e. renal stenosis, carotid stenosis and delays in providing appropriate treatment for these medical needs.

2. Did the District Court of Arizona err in re-opening discovery for the Defendants to submit additional evidence and not give Appellant the opportunity to rebut the additional evidence?

3. Did the District Court of Arizona err in advising the Defendants of their lack of supporting evidence of treatment for Appellant's renal stenosis and carotid stenosis and other medical needs?

4. Did the District Court of Arizona err in not releasing the unalleged carotid and renal stenosis or that the continuing delay depriving treatment constitutes a violation of Appellant's Eighth Amendment rights?

5. Did the District Court of Arizona err granting Summary Judgment to the Defendants, when the record showed and the attached affidavits verified delays, not in days or weeks, but years?

6. Did the trial Court Judge of the United States District Court abuse its discretion by granting the Respondents in this case Summary Judgment, when facts was unavailable to Petitioner in order to contest the Respondents motion for Summary Judgment against him?

Question Presented (AI Summary)

Did the District Court of Arizona err in granting Summary Judgment for Defendants without presenting all the elements of Appellants' medical complaints?

Docket Entries

2022-05-23
Rehearing DENIED.
2022-05-03
DISTRIBUTED for Conference of 5/19/2022.
2022-03-12
Petition for Rehearing filed.
2022-02-22
Petition DENIED.
2022-01-13
DISTRIBUTED for Conference of 2/18/2022.
2021-11-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 27, 2021)

Attorneys

Charles Marietta
Charles Wayne Marietta — Petitioner