No. 23-7353
Noel Vincent Thomas v. North Carolina Mutual Life Insurance Company, et al.
Response WaivedIFP
Tags: abuse-of-discretion civil-procedure failure-to-state-a-claim failure-to-state-claim federal-rules in-forma-pauperis motion-to-dismiss res-judicata sovereign-immunity
Latest Conference:
2024-06-20
Question Presented (from Petition)
1) WHETHER THE TRIAL COURT ERRED AS A MATTER OF LAW
BY DISMISSING THE COMPLAINT BASED UPON THE CLAIMS
THAT THE PETITIONER FAILED TO STATE A CLAIM, FAILED
TO COMPLY WITH FEDERAL RULES, SOVEREIGN IMMUNITY
AND RES JUDICATA?
2) WHETHER THE TRIAL COURT ABUSED ITS DISCRETION IN
REFUSING TO EXAMINE OR REVIEW THE COMPLAINT AND
THE SUPPORTING EXHIBITS WITHIN THE FOUR CORNER
LIMITS OF THE PLEADINGS AND THE DENIAL OF THE MOTION
TO PROCEED IN FORMA PAUPERIS?
Question Presented (AI Summary)
Whether the trial court erred in dismissing the complaint
Docket Entries
2024-06-24
Petition DENIED.
2024-06-05
DISTRIBUTED for Conference of 6/20/2024.
2024-05-17
Waiver of right of respondents North Carolina Mutual Life Ins. Co. and North Carolina Department of Insurance, as Liquidator to respond filed.
2024-04-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 3, 2024)
Attorneys
Noel Vincent Thomas
Noel Vincent Thomas — Petitioner
North Carolina Mutual Life Ins. Co. and North Carolina Department of Insurance, as Liquidator
Carlos Luis de Zayas — Lydecker LLP, Respondent