No. 25-252

Jalina Fluellen v. David Krasn, et al.

Lower Court: Third Circuit
Docketed: 2025-09-04
Status: Rehearing
Type: Paid
Tags: administrative-procedure-act article-iii-rights constitutional-challenge due-process judicial-procedure rule-5.1
Key Terms:
AdministrativeLaw DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2025-11-07
Question Presented (from Petition)

1. Whether the District Court violated Rule 5.1 and due process by dismissing a constitutional challenge to Local Rule 26.1 without notifying the state attorney general or certifying the issue, as required.

2. Whether application of the Administrative Procedure Act to a common-law civil matter, absent consent, infringes Petitioner's Article III and due process rights under the U.S. and Pennsylvania Constitutions.

3. Whether the United States District Court for the Eastern District of Pennsylvania may lawfully dismiss my claim without affording me a trial by a jury of my peers, as guaranteed by the Pennsylvania Constitution and the Seventh Amendment to the United States Constitution, is a serious question of constitutional due process.

4. Whether, after this Court's decision in Loper Light, courts may continue deferring to agency- or court-created procedural rules that impair substantive constitutional rights.

Question Presented (AI Summary)

Whether the District Court violated Rule 5.1 and due process by dismissing a constitutional challenge without notifying the state attorney general or certifying the issue

Docket Entries

2025-12-05
Petition for Rehearing filed.
2025-12-05
Motion for leave to proceed further herein in forma pauperis.
2025-11-10
Petition DENIED.
2025-10-22
DISTRIBUTED for Conference of 11/7/2025.
2025-06-29
Petition for a writ of certiorari filed. (Response due October 6, 2025)

Attorneys

Jalina Fluellen
Jalina Fluellen — Petitioner