No. 23-7399

In Re Gilbert Martinez

Lower Court: N/A
Docketed: 2024-05-07
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: administrative-exhaustion administrative-remedies civil-procedure due-process enlargement-of-time judicial-discretion recusal recusal-standard rule-60-relief social-security-review standing subject-matter-jurisdiction
Latest Conference: 2025-01-10 (distributed 2 times)
Question Presented (from Petition)

a. Whether the Circuit court in an abuse of the courts discretion concluded relief under Rule 60(b)(6) could not be obtained because appellant could of sought the same relief by means of appeal ?

b. Whether the Circuit court in an abuse of the courts discretion concluded the district court was without jurisdiction to alter the mandate of their court on the basis of matters included or includable in [a] prior appeal ?

c. Whether the Circuit court in an abuse of the courts discretion failed to discuss the merits and give its reasons for rejecting appellants argument on appeal averring that the trial court judge violated F.RR. 12(b)(2) when he dismissed the case for lack of subject matter Jurisdiction ?

d. Whether the Circuit Court in an abuse of the courts discretion held that plaintiff failed to exhaust the Commissioner 's administrative remedies which was waivable under the statue 42U.S.C.405(g) ?

e. Whether the Circuit court abused the courts discretion by not finding the trial court judge was required to recuse himself in accordance with plaintiffs affidavit filed under 28 USC 144 ?

f. Whether the Circuit court abused the courts discretion by not finding the trial court arbitrarily granted defendants motion for an enlargement of time that failed to show good cause ?

Question Presented (AI Summary)

Whether the Circuit court abused its discretion

Docket Entries

2025-01-13
Rehearing DENIED.
2024-12-18
DISTRIBUTED for Conference of 1/10/2025.
2024-12-11
Petition for Rehearing filed.
2024-10-07
Petition DENIED.
2024-06-20
DISTRIBUTED for Conference of 9/30/2024.
2024-06-05
Waiver of right of respondent United States to respond filed.
2024-04-25
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due June 6, 2024)

Attorneys

Gilbert Martinez
Gilbert M. Martinez — Petitioner
United States
Elizabeth B. Prelogar — Respondent