No. 23A618

Azariah M. Ellington v. Department of Veterans Affairs

Lower Court: Ninth Circuit
Docketed: 2024-01-03
Status: Presumed Complete
Type: A
Tags: appeal-of-right certiorari due-process en-banc fourteenth-amendment jurisdiction
Latest Conference: N/A
Question Presented (from Petition)

Jurisdiction Question: Must litigants wait for the Circuit Court's response to the impending en banc request, before certiorari may be filed? As the Petitioners filed for en banc hearing, upon issuance of the attached Orders; the Orders that are the basis for this Request for Extension of Time and Additional Pagination. The Petitioners want to know if they are premature in their efforts to file certiorari currently. In other words, should the 9th Circuit be allowed to answer the en banc before a writ of certiorari comes within the jurisdiction of the Supreme Court of the United States? is requested of this Honorable Court.

Question Presented (AI Summary)

Whether the Fourteenth Amendment's due process protections are violated when a federal appellate court improperly denies a litigant's appeal of right and prevents de novo review

Docket Entries

2024-01-04
Application (23A618) granted by Justice Kagan extending the time to file until February 24, 2024.
2023-12-14
Application (23A618) to extend the time to file a petition for a writ of certiorari from December 26, 2023 to February 24, 2024, submitted to Justice Kagan.

Attorneys

Azariah M. Ellington
Azariah M. Ellington — Petitioner
Dept. of VA
Elizabeth B. PrelogarSolicitor General, Respondent