No. 24-5502
William L. Mitchell, Jr. v. Frank Kendall, Secretary of the Air Force
Response WaivedRelisted (2)IFP
Tags: adjudication-on-merits appellate-procedure civil-litigation federal-rules-civil-procedure judicial-review voluntary-dismissal
Latest Conference:
2025-01-10
(distributed 2 times)
Question Presented (from Petition)
Under Federal Rules of Civil Procedure 41(a)(1)(A) and (B), the "Effect " of
a second voluntary dismissal "acts as an adjudication on the merits. " Given the
fact a second voluntary dismissal by the Plaintiff in federal district court involved
the same claim, does it form a basis for appeal under FRCP 41(a)(1)(A) and (B)?
Question Presented (AI Summary)
Whether a second voluntary dismissal under Federal Rules of Civil Procedure 41(a)(1)(A) and (B) acts as an adjudication on the merits and forms a basis for appeal
Docket Entries
2025-01-13
Rehearing DENIED.
2024-12-18
DISTRIBUTED for Conference of 1/10/2025.
2024-12-06
Petition for Rehearing filed.
2024-11-12
Petition DENIED.
2024-10-24
DISTRIBUTED for Conference of 11/8/2024.
2024-10-10
Waiver of Mitchell, William L. of right to respond submitted.
2024-10-10
Waiver of right of respondent Kendall, Sec. of Air Force to respond filed.
2024-09-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 10, 2024)
Attorneys
Mitchell, William L.
Elizabeth B. Prelogar — Solicitor General, Respondent
William L. Mitchell
William L. Mitchell Jr. — Petitioner