No. 24-6289

Marilyn Tillman-Conerly v. Office of Personnel Management, et al.

Lower Court: Ninth Circuit
Docketed: 2025-01-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: alternative-service covid-19-pandemic judicial-discretion knick-v-township ninth-circuit service-of-process
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2025-03-07
Question Presented (from Petition)

1) WHETHER, the Ninth Circuit Erred in Finding that the case Knick v.
Township of Scott Pa. does not apply in this case at hand?

2) Whether the Ninth Circuit Court abused its discretion by finding and deciding
that District Court did not abuse its discretion by dismissing Plaintiff '
/Appellant 's/Petitioner 's/Tillman-Conerly 's for failure to effect timely service of
summons and complaint on Defendants/Appellees/ Respondents when
Petitioner 's Process Server followed the necessary alternative service procedure
instructed by DefendantsVAppellees '/ Respondents ' office of general counsel
gave because of the Covid 19 pandemic (Corona Virus) which caused
Defendants '/Appellees '/Respondents ' agency to be closed without a date that
they would be reopened?

3) Whether Petitioner 's Process Server did-effect timely serve of summons and
complaint on when the Process Server
followed the necessary alternative service procedure instructed by
Defendants '/Appellee 's/Respondent 's office of general counsel gave because of
the uncontrollable covid 19 pandemic (Corona Virus) which caused defendants '
agency to be closed without a date that they would be reopened?

4) Whether did show good cause for failure to serve
Plaintiff/Appellee/Respondent by Plaintiff 's/Appellant 's/Petitioner 's Process
Server not following the previous usual procedure, Plaintiff's/
Appellee 's/Petitioner 's Process Server did-effect .timely serve .of summons .and
complaint on defendants when the Process Server followed the necessary
alternative service procedure instructed by defendants ' office of general counsel
gave because ofthe uncontrollable covid 19 .pandemic .(.Corona Virus.) which
caused defendants ' agency to be closed without a date they would be reopened?

5) Whether the Ninth Circuit Court abused its discretion by finding and deciding
.that the District Court did abuse its .discretion by rejecting
Plaintiff s/Appellant 's/Tillman-Conerly 's contention that the District Court was
biased against her whereby that District Court found as being meritless, and the
District was well aware of the affect that the Corona Virus .had on the service
process of the Judicial System?

Question Presented (AI Summary)

Whether the Ninth Circuit erred in applying Knick v. Township of Scott and abused its discretion in finding that alternative service during the COVID-19 pandemic was insufficient

Docket Entries

2025-03-10
Petition DENIED.
2025-02-20
DISTRIBUTED for Conference of 3/7/2025.
2025-02-12
Waiver of Federal Respondents of right to respond submitted.
2025-02-12
Waiver of right of respondent Federal Respondents to respond filed.
2024-12-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 12, 2025)

Attorneys

Federal Respondents
Sarah M. HarrisActing Solicitor General, Respondent
Marilyn Tillman-Conerly
Marilyn Tillman-Conerly — Petitioner
Office of Personnel Management
Elizabeth B. PrelogarSolicitor General, Respondent