No. 22-6446

James Thomas Burke v. Washington, et al.

Lower Court: Ninth Circuit
Docketed: 2023-01-04
Status: Denied
Type: IFP
IFP
Tags: case-dismissal circuit-split civil-rights constitutional-rights due-process judicial-procedure justice-stevens standing statute-of-limitations supreme-court-precedent time-barred
Latest Conference: 2023-03-03
Question Presented (from Petition)

#1. Whether Hardin v. Straub , 490 U.S. 536, 109 S.Ct. (1998),
104 L.Ed 2d 582, 57 USLW 4554 is relevant pursuant to United
States Supreme Court, Justice Stevens and the (1989) majoritys
holdings?

#2. Whether the Ninth Circuit U.S. Court of Appeals was
obligated to take into consideration and follow this United
States Supreme Courts (1998) majoritys holdings pursuant to:
Hardin v. Straub , 490 U.S. 536, 109 S.Ct. (1998)??

#3. Whether the United States District Court for the Eastern
District of Washington, State (Spokane), was obligated to take into
consideration and follow this United States Supreme Courts (1998),
majoritys holdings pursuant to: Hardin v. Straub , 490 U.S. 536,
109 S.Ct. (1998)???

#4. Whether both the U.S. District Court for the Eastern
District of Washington, State and the Ninth Circuit U.S. Court of
Appeals caused a circuit split that is contrary to this United
States Supreme Courts (1998) majoritys holdings and sheperdized
case[s] pursuant to Justice Stevens holdings in: Hardin v. Straub ,
490 U.S. 536, 109 S.Ct. (1998), when they deprived Petitioner of
federal constitutional rights and dismissed the attempted murder
unjuries complaint with prejudice as being "time-barred ", in clear
violation and disrespect of cited and argued: Hardin v. Straub ,
490 U.S. 536, 109 S.Ct. (1998)?

Question Presented (AI Summary)

Whether Hardin v. Straub is relevant to the Supreme Court's holdings

Docket Entries

2023-03-06
Petition DENIED.
2023-02-16
DISTRIBUTED for Conference of 3/3/2023.
2023-01-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 3, 2023)

Attorneys

James T. Burke
James Thomas Burke — Petitioner