failure-to-state-a-claim

11 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-7353 Noel Vincent Thomas v. North Carolina Mutual Life Insurance Company, et al. Eleventh Circuit 2024-05-02 Denied Response WaivedIFP abuse-of-discretion civil-procedure failure-to-state-a-claim failure-to-state-claim federal-rules in-forma-pauperis motion-to-dismiss res-judicata sovereign-immunity 1) WHETHER THE TRIAL COURT ERRED AS A MATTER OF LAW BY DISMISSING THE COMPLAINT BASED UPON THE CLAIMS THAT THE PETITIONER FAILED TO STATE A CLAIM, FA…
23-5316 Aaron J. Bressi v. Tracy McCloud, et al. Third Circuit 2023-08-09 Denied IFP abuse-of-discretion civil-procedure court-dismissal due-process failure-to-state-a-claim judicial-discretion legal-procedure pro-se-litigation public-interest standing I. How does this Complaint get dismissed by Both the Honorable District Courf. and the Honorable Appeals Court. tor tai lure. to Stat£ Oi (Claim/ 2..…
23-5317 Aaron J. Bressi v. Jeffery Brennen, et al. Third Circuit 2023-08-09 Denied Response WaivedIFP abuse-of-discretion case-dismissal civil-procedure court-procedure due-process failure-to-state-a-claim failure-to-state-claim judicial-discretion legal-review procedural-dismissal public-interest standing 1. How does this Complaint get dismissed by Both the Honorable District Court and the Honorable Appeals Court, for failure to State a Claim? 2. How i…
22-1039 In Re Gary Pfeffer, Jr. Maryland 2023-04-25 Denied common-law constitutional-rights due-process failure-to-state-a-claim injunctive-relief judicial-review notice-and-opportunity pro-se-litigation redress-of-grievances Was the trial court's dismissal of the Appellant's Petition for Emergency Injunctive Relief filed as a Common Law case based on "failure to state a cl…
22-1024 Dora L. Adkins v. Whole Foods Market Group, Inc. Fourth Circuit 2023-04-21 Denied 28-usc-1915 amendment-right appellate-review civil-procedure district-court-dismissal failure-to-state-a-claim frivolous frivolous-claim in-forma-pauperis right-to-amend 1) Whether the U.S. Court of Appeals for the Fourth Circuit ("Fourth Circuit") properly AFFIRMED the district court's closure pursuant to 28 U.S.C. § …
22-6298 Antoinne Lee Washington v. United States Eighth Circuit 2022-12-14 Denied Response WaivedIFP cause-of-action equitable-tolling failure-to-state-a-claim habeas-corpus habeas-proceedings heck-doctrine legal-malpractice statute-of-limitations 1. May a legal malpractice cause of action be dismissed for a failure to state a claim, in pursuant to the "Heck Doctrine" (Heck v. Humphrey, 512 U.…
21-8070 Mike Allen v. Kaden Adams Tenth Circuit 2022-06-07 Denied Response WaivedIFP appeal civil-procedure due-process failure-to-state-a-claim pro-se standing I filed my complaint pro se, and the Court of Appeals for the Tenth Circuit denied it for failing to state a claim. I stated a claim in the STATEMENT …
20-7281 Michael J. Wright v. Mario Cardenas, et al. Eleventh Circuit 2021-03-01 Denied Response WaivedIFP civil-procedure civil-rights failure-to-state-a-claim federal-rules-of-civil-procedure judicial-discretion motion-to-dismiss procedural-requirements rule-interpretation summary-judgment The United States Court of Appeals for the 11th Circuit has entered a decision in conflict with relevant decisions of the United States Supreme Court.…
19-5674 Ed Teague, II v. Regent Financial Group, Inc., et al. Eighth Circuit 2019-08-22 Denied Response WaivedIFP appellate-review civil-procedure failure-to-state-a-claim failure-to-state-claim judicial-interpretation legal-principles motion-to-dismiss pleading-requirements standard-of-review Whether the court of appeal's decision below contradicts existing legal principles when evaluating a motion to dismiss for failure to state a claim up…
18-8658 Ikemefula Charles Ibeabuchi v. Paul Penzone, et al. Ninth Circuit 2019-04-01 Denied IFP civil-procedure civil-rights complaint discretionary-rulings dismissal due-process failure-to-state-a-claim pro-se standing 1.Whether or not, the Cowrt below Committed a reversible eror, by dismissing the Pro se litigant's complaint for failure to State Clain.?" a Whether o…
18-7411 David H. Jacob v. Rosalyn Cotton, Chairperson, Nebraska Board of Parole, et al. Eighth Circuit 2019-01-15 Denied Response WaivedIFP 42-usc-1983 allen-v-mccurry civil-rights collateral-estoppel constitutional-claims due-process failure-to-state-a-claim federal-petition haines-v-kerner parole-board section-1983 The Petitioner first filed a state court declaratory judgment action claiming that the state Parole Board had (1) made an ex post facto change to paro…