No. 25-6251

Caleb L. McGillvary v. Michael T. G. Long, et al.

Lower Court: Third Circuit
Docketed: 2025-11-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure discretionary-appeal due-process federal-rules jurisdictional-review statutory-interpretation
Latest Conference: 2026-01-23
Question Presented (from Petition)

1. Is the use of 3rd Cir. L.A.R. 27.4 to effectively convert an appeal as of
right into a discretionary appeal, which denies an appellant the
opportunity to fully brief the issues and fails to review the record below
despite appellate jurisdiction being present, inconsistent with the
Federal Rules of Appellate Procedure and 28 U.S.C. 1291, 1292(a)(1)?

2. Would having papers reviewed by a Large Language Model Artificial
Intelligence, such as Grok or ChatGPT, provide a better assurance of
Due Process than copied-and-pasted boilerplate opinions?

3. When the U.S. Department of Justice has made findings of a custom,
policy, and practice of a state agency, which deprives a group of people
of their rights under the Americans with Disabilities Act and
Rehabilitation Act, should a preliminary injunction issue to mandate
accomodations of those people's disabilities by a reasonable change to
that custom, policy, and practice?

4. Is the New Jersey Anti-Polygraph Statute, N.J.S.A, 2C-40A-1, pre
empted by either the Americans with Disabilities Act, the
Rehabilitation Act, and/or the Employee Polygraph Protection Act?

Question Presented (AI Summary)

Is the use of 3rd Cir. L.A.R. 27.4 to effectively convert an appeal as of right into a discretionary appeal, which denies an appellant the opportunity to fully brief the issues and fails to review the record below despite appellate jurisdiction being present, inconsistent with the Federal Rules of Appellate Procedure and 28 U.S.C. 1291, 1292(a)(1)?

Docket Entries

2026-01-26
Petition DENIED.
2026-01-08
DISTRIBUTED for Conference of 1/23/2026.
2025-12-04
Waiver of right of respondents New Jersey Department of Corrections, State of New Jersey, New Jersey Department of Law and Public Safety, J. Stephen Ferketic, Joseph P. Cryan, Matthew J. Platkin, and Michael T.G. Long to respond filed.
2025-10-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2025)

Attorneys

Caleb L. McGillvary
Caleb L. McGillvary — Petitioner
New Jersey Department of Corrections, State of New Jersey, New Jersey Department of Law and Public Safety, J. Stephen Ferketic, Joseph P. Cryan, Matthew J. Platkin, and Michael T.G. Long
Elizabeth MichelettiNew Jersey Office of the Attorney General, Respondent